HIGH COURT OF PUNJAB AND HARYANA
Click here to view full judgement.
(1.) This is execution second appeal instituted by the judgment-debtor from the order passed by the District Judge, Rohtak, affirming the decision of the executing Court.
(2.) A final decree for partition of shamilat abadi deh was passed in suit No. 148 of 1948 on 24th January, 1950. During the course of execution taken out by the decree-holders, the appellants (Judgment-debtros) before me filed objections under section 47 of the Code of Civil Procedure. Inter alia it was contended that in view of the provisions of the Punjab Village Common Lands (Regulation) Act, 1953 (Punjab Act No. 1 of 1954) the land which was the subject-matter of the decree had vested in a panchayat and consequently, the rights of the decree-holders had come to an end and, therefore, they could not obtain possession by execution of the decree. They relied upon the provisions of section 3 of the Act which are reproduced below :-
"Notwithstanding anything to the contrary contained in any other law for the time being in force, and notwithstanding any agreement, instrument, custom or usage or any decree or order of any Court or other authority, all rights, title and interests whatever in the land -
(a) which is included in the Shamilat Deh of any village, shall, on the appointed date, vest in a Panchayat having jurisdiction over the village;
(b) which is situated in the Abadi Deh of a village and which is under the house owned by a non-proprietor shall at the commencement of this Act vest in the said non-proprietor."
(3.) The issue with which we are now concerned runs as under :-
"Whether the decree-holders have lost their rights in the property and cannot execute the decree under Act No. 1 of 1954 ?";
Copyright © Regent Computronics Pvt.Ltd.