S.K. Dhaon, J. - (1.) THE Petitioner, a judgment -debtor, has revoked the jurisdiction of this Court Under Article 226 of the Constitution with a view to get a decision that the execution proceedings are barred by time.
(2.) THE University of Allahabad is the decree -holder. Its plaint case was that the Petitioner had illegally and without any right or title encroached upon some vacant land around and outside the boundary walls of one of its hostels, namely, Sir P.C. Banerjee Hostel. It was also the case of the University that the Petitioner had made some constructions over the vacant land. The Petitioner's defence was that the University had no title to the land in dispute. He had been in possession over the same for more than 12 years and in the alternative he set up a case of adverse possession. The trial court negatives the pleas of the Petitioner and held that the University had the title to the land in dispute. It, therefore, decreed the suit. The Petitioner lost in appeal before the First Appellate Court and his second appeal too was dismissed by this Court. The operative portion of the order of the trial court was: This suit is decreed for demolition and possession in respect of the land in suit shown by letters A B C D and K M on the plaint map 82A with proportionate costs. The Defendant is herewith directed to remove the construction from the land A B C D and K M within 15 days and deliver possession of land to the Plaintiff failing which the Plaintiff shall be entitled to get the same done through court at the cost and risk of Defendant. The suit stands dismissed in other respects, paper No. 96A, that is, the plaint map shall form part of decree.
(3.) THE second appeal was dismissed on 5th May 1970 and an execution application was given by and on behalf of the University on 31st July 1972, which was dismissed in default on 27th July, 1975. No steps were taken for the revival of this application. Another application for execution of the decree was made on 28th April, 1978. The Executing court upheld the objection preferred by the Petitioner Under Section 47 of the Code of Civil Procedure (hereinafter referred to as the Code) and rejected the application as barred by time. The IVth Additional District Judge (hereinafter referred to as the Revisional Court) on 2nd September, 1983 set aside the order of the Executing court and held the execution application within time. The order of the Revisional Court is being impugned in this Court.;