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1999 Supreme(Kar) 146

Karnataka High Court
Narayana Swamy - Appellant
Versus
Muniyamma - Respondent
Decided On : 03-12-99

Headnote:Code of Civil Procedure, 1908-Section 47-objection to execution of decree-in can be objected only once and repeated applications for the same are unwarranted.

KUMAR RAJARATNAM, J.

( 1 ) THE petitioner is a judgment-debtor, respondents 1 and 2 are the decree-holders.

( 2 ) THE respondents 1 and 2 and threir mother Muniyamma had filed a suit in O. S. 47/60 in the Court of the Ilnd Munsiff, bangalore Rural District, Bangalore, for specific performance of the agreement of reconveyance against the petitioner and the respondent No. 3 herein. The said suit was dismissed on 3. 1. 1967. Aggrieved by that respondents 1 and 2 filed R. A. No. 81/67 and the said appeal was allowed. Thereafter, respondent No. 3 filed R. S. A. Nos. 993/69 and 96. 1/69 which came to be dismissed on 23. 1. 1973. In the meanwhile, the respondents 1 and 2 had already filed execution case in Ex. C. No. 699/70 seeking execution of the decree passed in R. A. No. 81/67. After the bangalore City Court Act came into force, the said execution petition came to be transferred and numbered as Execution No. 1528/87.

( 3 ) THE decree-holders sought to execute the decree. The petitioner judgment-debtor resisted the execution of the decree by filing an application under Section 47 of the Civil procedure Code with a prayer to dismiss the execution petition holding that the decree became a nullity and unexecutable. This application in Execution Petition No. 1528/87 was dismissed by the Court on 4th of October 1996.

( 4 ) THE petitioner-judgrnent-debtor being aggrieved by the dismissal of his application has preferred this revision petition.

( 5 ) MR. Acharya, learned Senior Counsel for the petitioner submitted that the petitioner being the tenant much prior to the transaction between the respondents 1 or 2 and himself in respect of the subject-matter of execution petition, the petitioner had filed Form No. 7 as per the Karnataka Land Reforms Act (hereinafter referred to as the Act) as amended by the Act No. 1/74. After holding an enquiry the land Tribunal, Bangalore South Taluk had conferred occupancy rights in favour of the petitioner herein against the respondents 1 and 2 in L. R. F. No. 2202/74-75 dated 18. 8. 1977 in respect of land measuring 33 guntas in Sy. No. 27/2 of Belur-Nagasandra village. Against the said order the respondents 1 and 2 herein had preferred Writ Petition No. 7473/78. This court by an order dated 10. 9. 1996 dismissed the said writ petition by confirming the orders of the Tribunal. Thus, the subject-matter of the execution petition came to be vested in the state Government as per Sections 44 (1) and (2) of the Act. Section 44 (2) of the Act reads as follows :" (2) Notwithstanding anything in any decree or order of or certificate issued by any Cout or authority directing or specifying the lands which may -be resumed or in any contract, grant of other instrument or in any other law for the time being in force, with effect, on and from the date of vesting and save as otherwise expressly provided in this Act, the following consequences shall ensue, namely : (a) all rights, title and interest vesting in the owners of such lands and other persons interested in such lands shall cease and be vested absolutely in the State Government free from all encumbrances; (b) all amounts in respect of such land which became due on or after the date of vesting shall be payable to the State Government and not to the land owner, landlord or any other person and any payment made in contravention of this clause shall not be valid; (c) all arrears of land revenue, ceases, water rate or other dues remain- ing lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the landowner, landlord or other person by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears from the amount payable to any person under this chapter. (d) no such lands shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing on the date of vesting and any order for attac































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