PARSHAVA PROPERTIES LTD Vs. A K BOSE

JUDGEMENT

(1.) This application raises an interesting but difficult question in relation to interpretation of Section 2 (2), Civil P. C. ("the Code"), as it now stands after the amendment of the Cade. The point under consideration is not covered by either a decision of the Supreme Court or a bench decision of this Court. But first the facts.

(2.) The predecessor-in-interest of the opposite party filed a suit being Title Suit No. 17/51 of 1949/50 for various reliefs. They included: (a) a declaration that the plaintiff is entitled to quarry limestone and manufacture lime from the lower and upper Murli Hills; and (b) the defendants be permanently injuncted from dispossessing the plaintiff from the suit property described in the schedule to the plaint. The suit was dismissed on 12-4-1951. On appeal the High Court modified the decree on 15-11-1970 (sic). A further appeal was taken to the Supreme Court which was disposed of on 22-8-1967. The decree of the High Court was modified It was held, inter alia, that the State of Bihar, its agents and servants, and Messrs Dalmia Jain and Company Ltd. are restrained from interfering with the plaintiff's possession in respect of plot No. 168 of village Bakhnour Plot Nos. 42, 128, 130 and 44 (excluding the lands acquired for the Dehri Rdhtas Light Railway Company Ltd.) of village Samahuta so long as the tenancy rights vested in the plaintiff are not lawfully determined.

(3.) On 8-1-1968 an application for execution was filed. It was stated in the execution petition as follows :--