KALURAM GEHLOT Vs. KANTA DEVI

JUDGEMENT

(1.) Instant revision petition is preferred by petitioner-judgment debtor aggrieved from order dtd. 17/8/2024 in execution application No. 21/2024 (01/2023) titled as Kanta & Ors. Vs. Kalu & Ors., passed by leaned Additional District Judge No.3, Beawar, District Ajmer.

(2.) Learned counsel for petitioner-judgment debtor while placing reliance upon grounds of revision petition submitted that he has filed an objection under Sec. 47 of CPC against execution of compromise decree dtd. 28/11/2019, but same was dismissed by the Executing Court without considering the objection on merits. He further submitted that the compromise decree was passed in the year 2019 and execution is filed after four years in 2023. He also submitted that the suit property was given on Theka on 4/7/2013 for a period of seven years which expired on 1/6/2020, but within duration, this Theka was further extended for another 7 years till 1/6/2027. He submitted that the judgment-debtor is in possession of the suit property as tenant and he is ready and willing to pay appropriate lease/rent to decree-holder, but he has a right to continue to occupy the property till he is dispossessed in accordance with law. He further submitted that the tenancy rights are required to be determined in a separate proceedings and in garb of decree of partition, physical possession of property, which was on Theka/lease cannot be taken by decree-holder. At last, he submitted that the trial court has committed serious error while dismissing his application for determination of his rights and stay of execution. He referred negative closure report submitted by police in police case.

(3.) Aforesaid contentions were opposed by learned counsel for respondent decree-holder and he submitted that on basis of compromise between the parties, a compromise decree was passed 28/11/2019 and after partition the area of each party was specifically demarcated. He further submitted that knowing fully well the petitioner judgment-debtor has manipulated the Thekanama by extension of seven years on 25/5/2020. He also submitted that initially Thekanama was printed on a stamp of Rs.100.00 on 4/7/2013 and same was noterized, but the extension of seven years was type-written on back of earlier executed Thekanama. He also referred the order passed by the trial court and submitted that the trial court has rightly dismissed the application and petitioner has no right to resist and obstruct. He also referred the FIR No. 756/2023 registered at police station, Beawar City, District Ajmer about forgery and fabrication in Thekanama.