High Court of Punjab and Haryana, Chandigarh
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Mohar Singh & Ors v. Mahabir Parsad & Ors - CR-4041-1994  RD-P&H 11742 (1 December 2006)
CIVIL REVISION NO. 4041 OF 1994
DATE OF DECISION: December 06, 2006.
Mohar Singh and others
Mahabir Parsad and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. P.K.Mutneja, Adv., with Mr. Harsimran Singh, Advocate, for the petitioners.
Mr. Ranjit Saini, Advocate, for the respondents.
JASBIR SINGH, J. (oral)
Petitioners are the judgment debtors in a suit, filed by the respondents, for possession by way of pre-emption, regarding the land in dispute. It was their specific stand that before purchase, they were the tenants over the property in dispute and are in possession. This defence of their's was negatived and the decree was passed. They lost upto this Court.
Thereafter, when execution application was filed, their father stepped in and filed objection that decree cannot be executed, as he was a tenant over the property in dispute. During pendency of the execution application, he died.
Petitioners then urged that they have inherited the tenancy and as such decree against them cannot be executed. Be that as it may, once it was their positive stand that they were the tenants over the property in dispute, which plea they failed to prove when the decree was passed, at this stage, this Court is of the opinion that it is not open to them to reagitate the same matter in execution application. Otherwise also, taking note of entries in the revenue record, executing Court has rightly said that they have failed to prove that they were the tenants. Dismissed.
December 06, 2006 ( Jasbir Singh )
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