IMPORTANT POINT
Officer entrusted with execution, if unable to execute the process required to approach court for police assistance. Police cannot be used without a court order.

JUDGMENT :

NAVIN SINHA, J.

Leave granted.

2. The appellant-Om Parkash is the decree holder aggrieved by the order of the High court holding that the delivery of the suit property to him in the execution proceedings by use of police force, was vitiated in law as no orders had been obtained from the Court for such police assistance. Judgment debtor Amar Singh has been directed to be put back in possession through the bailiff. The execution proceedings closed on 11.10.2013 after delivery of possession, has been revived. The entitlement to possession has been left to be decided afresh in the revived execution proceedings. The parties shall hereinafter be referred to as decree holder and judgment debtor respectively for convenience.

3. The controversy for our determination in the present appeal as addressed by learned counsel for the parties is extremely limited. Whether delivery of possession to the decree holder with police assistance was vitiated in absence of any orders by the Court for providing such police assistance?

4. Learned counsel for the decree holder Shri Gagan Gupta submitted that the High Court has erred in holding that the decree holder had resorted to unlawful and illegal methods for execution of the decree for possession. The decree holder had never made any request for deployment of police force for execution. The Tehsildar himself being apprehensive of law and order problems during delivery of possession to the decree holder, had suo moto sought police assistance from the District Magistrate and in pursuance of which the Commissioner of Police had directed the deployment. The Deputy Commissioner had instructed the Tehsildar to send compliance report to the court directly. In consequence, possession was delivered on 11.10.2013. The executing court accepted the report regarding delivery of possession and closed the execution proceedings. The decree holder had purchased the suit lands in a court auction sale dated 27.03.1990. Sale certificate was issued in his favour on 27.04.1998 and registration completed on 30.04.1998. After a protracted battle at the instance of the judgment debtor Amar Singh, delivery of possession had been effected. The decree holder has remained in possession by virtue of the order of status quo passed by this court on 05.02.2014.

5. Shri Rakesh Kumar Khanna, learned senior counsel appearing for judgment debtor, submitted that the anxiety expressed by the High Court in the impugned order is fully justified and calls for no interference. In an execution proceeding, resort to use of police force for effecting delivery of possession without obtaining appropriate orders from the executing court in that regard is a practice fraught with danger. A decree holder cannot be permitted to resort to procedures contrary to the law to take forcible possession by sheer use of police force merely because he has a Decree in his favour. Such an act amounts to subverting the law and misusing the process of law and courts. A litigant cannot be permitted to abuse the process of law and must pay the price by redelivery of possession. Repeated judicial pronouncements have held that in this country, possession can be taken even by a lawful owner only in accordance with law and if dispossession is contrary to law, the person evicted has to be put back in possession till he is duly evicted in accordance with law.

6. We have been carefully taken through the materials on record and have also heard the counsel for the parties at length. Though the nature of the controversy before us is extremely limited, a brief recapitulation of facts will be necessary to put matters in its proper perspective for better appreciation.

7. The judgment debtor claimed to be a purchaser of the suit property by a sale deed dated 13.02.1973. His writ petition challenging the acquisition proceedings under Section 4 of the Land Acquisition Act, 1894 dated 10.12.1973, after publication of the award, was dismissed on 10.04.1989. The acquired lands becam