JAMMU AND KASHMIR HIGH COURT
Janki Nath Wazir, CJ
Thapar B. K. v. Sudhir Kumar
| Table of Content |
|---|
| 1. execution of decree depends on its nature. (Para 1 , 2) |
| 2. parties dispute the executability of the decree. (Para 3 , 4) |
| 3. decree contains terms for a fresh lease. (Para 5 , 6 , 7) |
| 4. a declaratory decree is generally non-executable. (Para 8 , 9 , 10 , 11) |
| 5. previous case law supports the decision. (Para 12 , 13 , 14) |
| 6. implied assents renew lease without formal notice. (Para 15 , 16) |
| 7. court allows appeal based on decree's nature. (Para 17 , 18 , 19) |
1. These two appeals are directed against an order passed by a single Judge of this Court in proceedings for execution of a decree passed by Nair, J. dated 23-12-1958. The learned Judge has directed that the decree in question is executable only to this extent that the applicant before him would be entitled to joint possession along with the judgment - debtors to the extent of their six annas share. The Judgment - debtors before the single judge challenged the executability of the decree while the decree - holders applicants prayed for Khas possession through the court by executing the decree. Both the judgment - debtors and the decree - holders have filed appeals against the order of the learned Single judge. As the t
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