Prakash Krishna, J. - (1.) HEARD the learned counsel for the petitioners and Shri Anil Kumar Singh, learned standing counsel for the State of U.P. -respondent no. 1.
(2.) THE present writ petition arises out of execution proceedings of a decree passed in Original Suit No. 584 of 1984 filed by Smt. Suraj Kumari, predecessor interest of the petitioners whereby the suit for specific performance of contract to sell was decreed. The decree holders/petitioners applied for execution of the said decree. An objection under Section 47 of the C.P.C. was filed by the judgment -debtor raising various pleas. The plea which has been found favour with the Executing Court and the Revisional Court is that the land in dispute was declared as surplus land within the provisions of Urban Land (Ceiling and Regulation ) Act, 1976 (hereinafter referred to as 'the Act') and it is the State of U.P. whose name has been recorded in the revenue record and the judgment -debtor has now no concern with it. Challenging the aforesaid two orders passed by the courts below, the present writ petition has been filed.
(3.) SHRI H.M. Srivastava, learned counsel for the petitioners raised only one point in support of the writ petition. He submits that the possession of the land in question has not been taken by the State Government and the proceedings upto stage of Section 10(5) of the Act has been done. Elaborating the argument, he submits that mere recording of the name of State of U.P. in revenue record is not sufficient.;