RAM KUMAR Vs. GULAM RASOOL

JUDGEMENT

(1.) This is a revision application against rejection of an application filed by the decree-holder for issuing a fresh warrant for possession of the suit property in execution of decree. The executing Court rejected the application on the ground that the decree had already been executed by putting the decree-holder in possession and if he had lost possession thereafter a fresh warrant could not be issued.

(2.) Heard Mr. R.R. Nagori for the revision-petitioner. No one appears for the non-petitioners despite service of notice.

(3.) The short point involved is as to whether in execution of the decree, possession was earlier given to the decree-holder and the decree was fully executed. Earlier this very point was agitated by the judgment-debtor by moving an application dated 14-6-1976 that according to the decree-holder and the report of the process-server, the possession of the property was handed over at 11.00 a.m. on 3-9-1976 and therefore the decree having been fully executed, nothing remains to be executed and fresh warrant for possession cannot be issued. This objection was dealt with by the executing Court and decided on 5th January, 1977. In paragraph 4 of its order the executing Court had observed that on perusal of the report of the proceedings it was clear that Suleman who was in possession was asked to remove his belongings from the room and he was also asked to remove his lock put on the room. Suleman did not do so on the excuse that the key was not with him and was with his wife. In these circumstances, the process server put up paper-seals on the locks. The executing Court, therefore, found that actually physical possession of the property was not delivered to the decree-holder. Holding thus, the objection was overruled. However, at a later stage on 15-9-1992 the Court held exactly contrary and rejected the prayer for issue of a fresh warrant for possession, on the ground that the decree had already been executed by putting the decree-holder in possession and, therefore, fresh warrant could not be issued.