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2007 Supreme(SC) 256

MARKANDEY KATJU, S.B.SINHA
Khazan Singh (D) by LRs. – Appellant
Versus
Gurbhajan Singh – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Interpretation of a decree passed as far back on 14.01.1953 falls for consideration in this appeal which arises out of a judgment and decree dated 21.10.2005 passed by the High Court of Punjab and Haryana in Civil Revision No. 1186 of 1984 whereby and whereunder the order dated 30.01.1984 passed by the Additional District Judge, Patiala was set aside.

3. The subject matter of the suit filed by one Sampuran Singh was in respect of 2 bighas 17 biswas in Khasra No. 2057 to 2059. A decree for recovery of possession was passed. The present dispute revolves round the question as to whether actual possession in execution of the said decree was granted or not.

4. The contention of the decree holders had been that actual delivery of possession was confined only to 10 biswas only in the execution proceeding and only symbolic possession of 2 bighas 7 biswas on 5.03.1954 was given, and, thus, the actual possession thereof remained with the judgment debtors appellants. A fresh suit for possession was filed in respect of the said lands which although was dismissed by the learned Trial Judge but a decree for 10 biswas was passed by the learned District Ju









































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