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1956 Supreme(P&H) 77

D.FALSHAW
Jaimal Singh Dasaundha Singh – Appellant
Versus
Rakha Singh – Respondent


Judgment

Falshaw, J.

1. This execution second appeal has arisen in the following circumstances. Rakha Singh and Natha Singh respondents obtained a decree against Jaimal Singh appellant for the possession of about 7 bighas of land on 16-8-1952 and on 20-8-1952 they applied for the execution of the decree by delivery of possession of the land.

The Court ordered the issue of the necessary warrant and fixed the 8th November for its return. On that date the decree-holders appeared and filed a receipt acknowledging having received possession of the land and on the strength of this acknowledgment the execution application was consigned to the Record Room as fully satisfied.

2. It appears, however, from the report of the bailiff dated 10-9-1952 that physical possession of the land had not been delivered, as the crops of the judgment-debtor were standing on the land in suit, and only symbolical possession was delivered. The execution application from which the present appeal had arisen was filed about a year later on 18-8-1953 & it was alleged that the decree-holders had not actually been placed in possession of the land in the previous execution proceedings on account of the presence of sta














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