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1988 Supreme(P&H) 522

G.R.MAJITHIA
Ajit Kaur – Appellant
Versus
Mandir Jhok Hari Har – Respondent


Judgment

1. This revision petition is directed against the order of the executing court whereby the objections filed under Sec.47 of the Code of Civil Procedure by the judgment-debtor objectors were accepted and it was held that symbolic possession was delivered to the decree-holder in full satisfaction of the decree passed in her favour.

2. The undisputed facts are that the petitioner along with another filed a suit for possession of the disputed land on the ground that they were tenants at will paying yearly rent of Rs. 834/- and were entitled to remain as such (as tenant at will) until ejected in due course of law in accordance with the provisions of the Punjab Security of Land Tenures Act. It was pleaded that defendants Nos. 1, 2 and 3 conspired together and took illegal possession of the land during the absence of the plaintiffs. The suit was decreed by the learned Subordinate Judge and the judgment was affirmed in appeal by the learned first Appellate Court. On second appeal by the defendants, this Court had held that the plaintiff and defendant No. 6 in the suit were entitled to be restored the possession of the disputed land and the decree of the courts below in so far it di
















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