O R D E R

Appellants assail the judgment and decree dated 21.5.2015 passed by learned Additional District Judge-II, Solan, Camp at Arki, in Civil Appeal No. 1-AK/13 of 2015, whereby the order dated 1.12.2014 passed by learned Civil Judge, Junior Division, Arki, in CMA No. 346/6 of 2012 (in Execution Petition No. 15/10 of 2011) has been affirmed.

2.1 Brief facts necessary for the adjudication of the appeal are that the Appellants and respondents No. 5 to 7 herein are successors of Sh. Durga. Respondents No. 1 to 4 herein are successors of Sh. Shankar.

2.2 Shankar and Durga were brothers. Shankar filed Civil Suit No. 231/1 of 1994 before learned Sub Judge, 1st Class, Arki, District Solan, H.P. against respondents No. 5 to 7 herein seeking possession of house consisting of one room in upper story, one room in the ground floor and a cow shed and a kitchen situated over part of land bearing Khasra No. 132 measuring 0-8 biswas, situated in village Jakholi, Pargana Deora, Tehsil Arki, District Solan (hereinafter referred to as the suit property). The said suit was filed on the premises that Shankar was the exclusive owner of suit property and the defendants therein were handed over the same under private arrangement, whereby it was agreed that the said defendants would construct their own house within one year and, thereafter, would surrender the possession to Shankar and in lieu there, they would be paid a sum of Rs. 1800/- .Shankar also averred in the plaint that he had provided the defendants of Civil Suit No. 231/1 of 1994 with alternative land to construct the house. They constructed the house and still were not vacating the suit property.

2.3 In defence, the defendants submitted that their predecessor Durga had a share in the suit property and the defendants were holding the same in their own right. It was a joint Hindu Coparcenary Property.

2.4 Learned Sub Judge, 1st Class, Arki, decreed the suit of Shankar by holding that Shankar was the exclusive owner of suit property. Reliance was placed upon Jamabandi Ext. P-1 for the year 1958-59, which showed Durga and Shankar were joint owner in possession of Khasra No. 146, 148 and 183, total measuring 1- 8 bighas. Thereafter, a partition had taken place between the two (Shankar and Durga) at the time of consolidation and separate Khatas had been prepared. As per document Ext. P-2 i.e. Jamabandi pertaining to Khasra No. 132, the said land measuring 1-12 bighas was showed to have fallen in the share of Shankar. The source of such revenue entry was mutation 317 of the partition between Shankar and Durga. Durga was shown as exclusive owner in possession of 0-10 biswa land in Khasra No. 158. Learned Sub Judge, 1st Class, Arki further found agreement dated 20.12.1987 as proved, whereby the suit property was handed over to defendants for a period of one year in terms as noticed above. Accordingly, a decree was passed in favour of Shankar and he was held entitled to possession of the suit property from defendants.

2.5 The decree passed by learned Sub Judge 1st Class, Arki was set aside in first appeal, however, the same was affirmed by this Court in RSA No. 527 of 2001, decided on 07.07.2011. It was held that the consolidation proceedings had attained finality and by virtue of provisions of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, Shankar and Durga had acquired separate rights and suit property had fallen to the share of Shankar. It was further affirmed that no further instrument was required to be effected for recognition of the ownership right of Shankar and Durga after finalization of consolidation proceedings by virtue of Section 44 of the Act ibid. Thus, the finality was attached to the decree dated 27.12.1999 passed by learned Sub Judge, 1st Class, Arki.

3.1 The aforesaid decree was put to execution. During execution proceedings, appellants herein (hereinafter referred to as objectors) filed objections under Order XXI Rule 97 CPC before the Executing Cour