SALIM KHAN Vs. SMT. JUBAIDA BEGUM & ANR.

JUDGEMENT

(1.) This is the second round of litigation filed by the petitioner/judgment debtor/objector, after having failed in the first round, right up to Supreme Court.

(2.) The petitioner has filed the present petition challenging the order dated 22/1/2014 passed by the District and Sessions Judge, Jaipur Metropolitan (hereinafter referred to as 'the Executing Court') in Civil Misc. Objection Petition No.3862 of 2012, whereby the Executing Court has dismissed the objection petition filed by the petitioner under Sec. 47 of CPC.

(3.) The short facts, giving rise to the present petition, are that the respondent No.1, who happens to be the sister of the petitioner, had submitted a dispute before the Arbitrator under Sec. 75 of the Rajasthan Cooperative Societies Act, 1965 (hereinafter referred to as 'the said Act'), seeking declaration and permanent injunction alleging inter-alia that one plot No.1 ad-measuring 540 sq. yards was purchased by her and her brother i.e. the petitioner jointly, which was subsequently divided into two parts by the respondent No.2-Society. The Plot No.1A ad-measuring 240 sq. yard was allotted to her and the plot No.1 ad-measuring 300 sq. yard was allotted to the petitioner, and accordingly both the parties were in possession of their respective plots. It was alleged by the respondent No.1 that the petitioner was claiming himself to be the owner of plot No.1A which was allotted to her for raising construction of shops, and therefore the declaration and injunction was sought. The said suit filed by the respondent No.1 was resisted by the petitioner by filing the reply before the Arbitrator. The Arbitrator vide its award dated 10/9/2003 dismissed the said suit by holding that there was no plot like plot No.1A, and further holding that the petitioner was the owner of the plot No.1. Being aggrieved by the said order, the respondent No.1 had preferred an appeal before the Rajasthan State Cooperative Tribunal which was registered as Appeal No.52/2003. The said appeal was allowed by the said Tribunal vide the judgment and order dated 29/12/2011 by declaring that the respondent No.1 was the owner of the plot No.1A ad-measuring 240 sq. yards, and the petitioner was the owner of plot No.1A situated in the northern side. It was further ordered that the respondent No.1 was entitled to the possession of the plot ad-measuring 240 sq. yards. The petitioner being aggrieved by the said order of Tribunal had preferred the writ petition being No.986/2012, which was dismissed with cost of Rs.25,000.00 vide the order dated 12/9/2012. The petitioner therefore filed the intra-court appeal being D.B. Civil Special Appeal (W) No.1253/2012 before the Division Bench, which came to be dismissed vide the order dated 8/10/2012. The petitioner thereafter filed the SLP being No.1192 of 2013, which also came to be dismissed in limine vide the order dated 24/1/2013. The respondent No.1 thereafter having filed the execution petition before the Executing Court, the petitioner had filed the objection petition under Sec. 47 of Code of Civil Procedure raising the objection inter-alia that the decree passed by the Tribunal was without jurisdiction, and therefore nullity. The said objection petition came to be dismissed by the Executing Court vide the impugned order dated 22/1/2014, against which the present revision petition under Sec. 115 of Code of Civil Procedure has been filed by the petitioner.