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1966 Supreme(Online)(J&K) 4

JAMMU AND KASHMIR HIGH COURT
Janki Nath Wazir, CJ
Thapar B. K. v. Sudhir Kumar


Advocates:
For the Appellants/Petitioners: Mr. Mahajan
For the Respondents: Mr. Das

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 two appeals involve common questions of fact and law, we propose to decide both these appeals by one common judgment. For the purpose of convenience judgment debtors before the trial court would be referred to as the non - applicants and decree - holders before the court below as applicants in this judgment.

2. The facts giving rise to the present appeals may be briefly summarised as follows : -
Sardar Uttam Singh Khorana had executed a lease in favour of the non - appl


































































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