1956 Supreme(Raj) 244
S.L.AHUJA, G.S.MEHTA
Bhera – Appellant
Versus
Neta – Respondent
Advocates Appeared:
Suraj Narain, Brief-holder of Madan Mohan Tiwari, for appellants; Ram Avtar Gupta, for respondants
This is an appeal arising out of certain execution proceedings which were taken in the court of the S.D. O., Sojat. In the course of the execution proceedings the learned S. D. O. directed on 25.11.1955 that the appellants be detained in the civil prison for a period of 5 days in order to enable the decree-holder to obtain possession of the land in dispute and a warrant of arrest be issued against them. Aggrieved by the order of the learned S. D. O. the appellants went up in appeal to the learned Additional Commissioner, Jodhpur. After controverting the contentions raised on behalf of the appellant the learned Additional Commissioner came to the conclusion that the decree passed by the learned S. D. O. was not incapable of execution on account of vagueness. The fields in dispute could be clearly identified from the description which was given in great detail in the plaint filed by Neta respondent and in the judgment which followed upon it. The defendants, in the original suit have filed a second appeal in the Board impugning the propriety and legality of the order of the Additional Commissioner, dated 3.5.1936 and that of the S. D. O., dated 25.11.1955.
2. We have heard the learned
Click Here to Read the rest of this document