GOKAL CHAND Vs. SUNDAR SINGH

JUDGEMENT

(1.) Gokal Chand appellant had a decree against the estate of Natha Singh in the hands of his sons, Sundar Singh, Santa Singh and Banta Singh. He sued out execution of the decree and prayed for the decretal amount being realised by the attachment and letting in farm of the land of the aforesaid Natha Singh in the hands of his sons. By means of an order dated 17 November 1933, the executing Court, accepting the report of the Collector, let 23 kanala and 9 marlas of land in farm for a period of ii years to the decree-holder himself in full and complete satisfaction of the decretal debt. The decree-holder was put in symbolical possession by the executing Court but in spite of his repeated efforts did not succeed in getting actual possession. An application made by him to the executing Court for the actual possession of the land let in farm having been dismissed on 15 January 1944 as barred by limitation under Art. 181, Limitation Act, the appellant Gokal Chand brought a suit for possession of the land covered by the order of the executing Court dated 17 November 1933 against Sundar Singh, Batna Singh and Satna Singh. The suit was resisted inter alia on the pleas that it was barred by Section 47, Civil P.C. and that the period of the lease having long since expired the plaintiff had no subsisting right to be put in possession of the suit land.

(2.) The learned trial Judge repelled both these pleas and decreed the plaintiff's claim. On appeal, the learned District Judge took a contrary view and holding that Section 47, Civil P.C. barred the suit and further that the period of the lease having already expired the plaintiff had no subsisting right to be put in possession of the suit land, he set aside the decree passed by the learned trial Judge in the plaintiff's favour and dismissed the suit. The plaintiff has come up in second appeal to this Court.

(3.) After hearing the learned Counsel for the parties, I am clearly of the opinion that the judgment of the learned District Judge cannot be sustained and that the appeal must succeed.