MAHAVEER SINGH Vs. MUNICIPAL BOARD SURATGARH

JUDGEMENT

(1.) FACTS leading to the filing of this revision are that petitioner Mahaveer Singh alloged that he had purchased a plote of land from Smt. Laxmi daughter of Kaluram under a 'patta' dated August 22, 1917. The area of the land was 825 sq. Yds. It was stated that out of this land 375 Sq. Yds. of land was used for construction on the Bikaner-Suratgarh main road without following the procedure provided for acquisition in the Land Acquisition Act. The Municipal Board was alleged to have moved the State Government and the latter directed the Municipal Board, Suratgarh to give land to the petitioner Mahaveer Singh near Government hospital. Accordingly a sale-deed dated November 27, 1978 was executed by the non-petitioner Municipal Board, Suratgarh. Mahaveer Singh, petitioner filed a civil suit against the Municipal Board, Suratgarh which was decreed on July 15, 1980. By this decree Mahaveer Singh was declared to be the owner of the suit plot and it was decreed that the Municipal Board, Suratgarh shall deliver possession of the plot after indicating it. A previous execution No. 11 of 1980 was filed It may be mentioned that one Chelaram filed a suit and a decree was passed in that suit to the effect that Chelaram may not be dispossessed from some piece of land.

(2.) THIS revision has arisen out a second execution application No. 14 of 1985 filed by Mahaveer Singh. In this execution application, Mahaveer Singh had prayed that he may be delivered possession of land measuring 60'x25' situated in Ward No. 6, Suratgarh in the north of the Government Hospital and adjacent to the western side to the Bikaner-Suratgarh road. On July 1,1985, Chelaram had filed an application that delivery of possession may be made to Mahaveer Singh after leaving the land of Chelaram in respect of which the latter had obtained a decree. The Municipal Board, Suratgarh filed objections on July 25, 1985 stating that the decree was vague and it was not clear as to of what land the possession had to be delivered to Mahaveer Singh under the decree. The Civil Judge, Hanumangarh came to the conclusion that the decree did not contain sufficient description of the land of which possession had to be delivered to Mahaveer Singh. He also stated that apart from that Chelaram had also obtained a decree for permanent injunction and, therefore, the decree was not capable of execution until the petitioner got it amended and got the description of the land specified in the decree.