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1983 Supreme(Gau) 55

S.M.ALI
Mustt. Kitabjan Bibi and others – Appellant
Versus
Ramlal Durgadutta – Respondent


Advocates Appeared:
B. Sarma and A.C. Sarma, B.K. Goswami and R.L. Yadav

Judgement

Can be Executing Court go behind the decree in a case where the decretal land cannot be located in terms of the decree and order delivery of possession of a different land whose three boundaries coincide with the three boundaries of the land decreed in favour of the plaintiff-opp?

2. The question has to be determined in this revision. What happened is that the plaintiff-Opp. instituted a suit being Title Suit No. 20/64 in the Court of Assistant District Judge, Nowgong. Subsequently the suit was transferred to the Court of the District judge where it was re-numbered as Title Suit No. 5/67. The suit was for declaration of title and recovery of possession of 3 kathas of land out of 1B, 18L. covered by Dag No. 958 under Patta No, 775 of Nowgong town and the suit was against late Keramat Ali predecessor in interest of the petitioners. It was decreed on 9-6-70 and the decree was put into execution in Title Execution Case No. 1/70 in the Court of the Assistant District Judge, Nowgong. The writ of delivery of possession to 3 K. of land under Dag No. 958 was issued to be executed with the help of Amin and Mandal. The Amin on spot verification found that the judgment-debtors were no

















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