RAKESH TIWARI, J. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioners have challenged the order dated 17.5.1980 passed by Addl. Munsif (III), Pilibhit dismissing the objection of the petitioners filed under Section 47. C.P.C. and the revision was dismissed by the District Judge, Pilibhit on 24.3.1981. It appears that respondent Nos. 3 to 10 to the writ petition filed a Suit No. 180 of 1968 for specific performance of a contract to sell plot No 141, area 10 bighas, out of 18 bighas to the plaintiffs on 10.2.1976. The suit was decreed and application for execution was filed, which was numbered as Execution Case No. 71 of 1977. The judgment debtor filed objection, inter alia, stating that execution of sale will result in fragmentation of holding and is void under Section 168A of the U. P. Zamindari Abolition and Land Reforms Act.
(3.) THE execution court rejected the objections holding that this plea was not taken in suit, hence it is barred by principles of res -judicata and sale in execution is not covered by Section 168A of the Zamindari Abolition and Land Reforms Act. The petitioners filed revision against the said judgment and order, which was also dismissed.;