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1973 Supreme(All) 147

JAGMOHANLAL, PREMPRAKASH
Jamaluddin – Appellant
Versus
Asimullah – Respondent


Advocates:
Mohd. Hussain and Abid Ali, for Appellants; H.D. Srivastava, Umesh Chandra and S.P. Pathak, for Respondents.

Judgement

JAGMOHAN LAL, J. :- This second appeal arising out of execution proceedings was referred by a learned single judge of this Court to a Bench on account of tome important point involved therein. The brief facts giving rise to this appeal were That the respondents Azimullah and others brought a suit under Section 6 of the Specific Belief Act, 1963 against Jamaluddin and others appellants for possession over plot No. 545/3 measuring nine biswas. That suit was decreed. The decree-holders put that decree in execution and obtained possession over a piece of land describing it to be plot No. 545/3. An objection under Section 47 of the Code of Civil Procedure was filed by the judgement debtors alleging that the land on which possession was actually delivered to the decree-holders was constituted by plot No. 545/1 which was not the subject-matter of that suit under Section 6 and it belonged to them independently of the decree passed in favour of the respondents. The execution Court issued a commission and after taking into consideration the relevant facts came to the conclusion that the land over which possession had been delivered to the decree-holders was the same in respect of wh






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