B K THAPAR Vs. SUDHIR KUMAR

JUDGEMENT

(1.) THESE two appeals are directed against an order by a single Judge of this court in proceedings for execution of a decree passed by Nair J. dated 23 -12 -1958. The learned Judge has directed that the decree in question is executable only to this extent that the applicant before him would be entitled to joint possession along with the judgment debtors to the extent of their six annas share. The judgment debtors before the single judge challenged the executability of the decree while the decree -holders applicants prayed for Khas possession through the court by executing the decree, Both the judgment debtors and the decree -holders have filed appeals against the order of the learned Single Judge. As the two appeals involve common questions of fact and law, we propose to decide both these appeals by one common judgment. For the purpose of convenience judgment debtors before the trial court would be referred to as the non -applicants and decree -holders before the court below as applicants in this judgment.

(2.) THE facts giving rise to the present appeals may be briefly summarised as follows: -

(3.) MR . Mahajan appearing for the applicants decree -holders submitted that the court below having held that the decree was executable should have granted delivery of Khas possession in accordance with the original decree passed by Nair J. He further submitted that it was always open to one of the decree -holders to execute the entire decree for the benefit of other decree -holders and acting on this principle the possession of the entire properties should have been delivered to the applicants. Mr. Mahajan further argued that the lenewal of the lease by executing a fresh agreement by Davinder Singh and others in favour of the non -applicants was invalid and could not defeat the rights of the applicants. On the other hand, Mr. Das appearing for the non -applicants judgment - debtors has submitted that the decree was inexecutable and the application for execution filed by the, non -applicants should have been dismissed in toto.