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1967 Supreme(P&H) 89

P.C.PANDIT
Daljit Singh – Appellant
Versus
Nand Ram – Respondent


Judgment

P.C.Pandit, J.

1. This is an execution second appeal against the decision of the Additional District Judge, Karnal, reversing the order of the Executing Court, holding that the decree holders cannot file a second execution application for the delivery of actual possession of the land for which the decree had been granted.

2. On 4th of June 1960, a decree had been passed in favour of Nand Ram and seven others, respondents, against Daljit Singh and Smt. Datar Kaur, appellants, for possession of some land. On 2nd of February, 1962, the decree holders filed an execution application praying that possession of the land be delivered to them according to law. A warrant directing the delivery of possession to the decree-holders was issued and was forwarded to the Tehsildar. At that time crops were standing on the land with the result that only symbolical possession was given to the decree holders on 3rd February 1962. Thereafter on 17th of March 1962 the execution case was consigned to the record room, as the decree had been partly satisfied. About a month after this date, after the crops had been removed from the land, the decree holders made another application to the execution Co




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