AKHTER HUSSAIN Vs. NANKI DEVI

JUDGEMENT

(1.) Aggrieved by order dated 4.02.2008 passed by learned Sub Judge, Poonch in Execution Application, whereby a direction has been issued to the petitioner to comply with the said order, the petitioner has filed this revision petition.

(2.) In order to appreciate the controversy involved in the case, following facts are to be noted:

(3.) A compromise decree came to be passed by the learned Sub Judge, Poonch on 8.3.1999, on the compromise arrived at between respondent no. 1 and respondents 2 to 4. It transpires that present petitioner had purchased 4 marlas of land constituting the suit property from the original owner. As a result of the compromise decree, the judgment debtors were required to leave three feet gap from the house of the decree holder. It was also settled that judgment debtors shall construct their house after leaving 11' -9" gap from the boundary wall. The decree further contends that judgment debtors shall not divert the flow of the water towards the land and house of the decree holder. After passing of the decree, land in question was purchased by the present petitioner.