( 1 ) THIS petition has come up in consequence of an order passed by an Additional Sessions Judge, Delhi in exercise of the power given by section 438 of the Criminal Procedure Code, hereafter called "the Code".

( 2 ) THE petitioners who moved the Sessions Judge under sections 435/438 of the Code were Arya Datt, Ramesh Chander and Balesh Chand,er. Their case was that they had purchased the land comprised in khasra Nos. 29/8, 30/20/1 and 31/4,7 min in village Jharoda, Delhi from one Baldev Lal to whom it had been allotted by the Custodian of Evacuee Propertin whom it cams to vest because of the migration to Pakistan of the original Muslim owners. On the basis of the title acquired through the afore-mentioned purchase a suit was filed by the afore-mentioned petitioners against respondents 2 to 4 to this pention. The suit was for possession of the land which the petitioners had purchased. It was decreed by Mr. Jaspal Singh. Sub-Judge 1st Class on the 31st of October, 1968. The petitioners being decree-holders took out execution and a warrant of possession was issued by the executing court. In execution of that warrant Kanungo Bhim Singh went to the spot on the 20th of