AJIT SINGH Vs. CHET SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the Executing Court dated January 15, 1986 rejecting the Objection Petition under Section 47 of the Code of Civil Procedure (for short, the 'Code') filed by the judgment-debtors.

(2.) The facts : Chet Singh (since deceased) and Norata, respondents (hereinafter referred to as the decree-holders) filed a suit for pre-emption. The suit was decreed on July 11, 1969. The execution of this decree was deferred till R.S.A.No. 607 of 1970 pending in this Court, where the question whether the pre-emptor/tenant on the land qua which he was claiming the right of pre-emption, was finally adjudicated upon by this Court. This Court decided the regular second appeal on March 1, 1982, the pre-emptor took out the execution. The defendants in the suit for pre-emption (who are Objectors) filed Objection Petition under Section 47 of the Code on January 19, 1985 on the ground that the Punjab Pre-emption Act had since been repealed rendering the decree inexecutable and the execution application was beyond limitation.

(3.) The executing Court framed the following issues :-