JUDGMENT

B. P. JEEVAN REDDY, J.:—Leave granted. Heard counsel for the parties.

2. This appeal is preferred against the Judgment of a learned single Judge of the Madhya Pradesh High Court dismissing the Civil Revision Petition filed by the appellant. The Civil Revision Petition was preferred against the Judgment of the Third Additional District Judge of the Court of District Judge, Bilaspur in Execution Case No. 17-A of 1970 whereunder the learned Judge had allowed the application filed by the respondent-judgment-debtor.

3. The appellant-decree-holder, Madhya Pradesh Electricity Board, is a statutory corporation constituted under Section 5 of the Indian Electricity Act, 1910. The Government of Madhya Pradesh had granted a licence to the respondent under the said Act for generating and supplying electricity to consumers at Bilaspur. The appellant exercised the option of purchasing the respondent undertaking on 15-1-1968 and 5-4-1964 as provided by Section 6 of the Act. Accordingly, the possession of the undertaking was delivered to the appellant but while doing so, the respondent did not deliver possession of properties described in Schedule-I and Schedule II to the plaint. The appel