- (1.) Challenge in this revision petition under Article 227 of the Constitution of India is to order/judgment and decree dated 28.04.2011 passed by learned Additional District Judge, Yamuna Nagar at Jagadhari.
(2.) Briefly stated, on 26.04.1995 Garibu, plaintiff, father and grandfather of the petitioners filed a suit for declaration that he is in exclusive possession of land measuring 86 Kanal 3 Marlas situated at village Duamanwala,Tehsil Jagadhari,District Yamuna Nagar and the decree dated 05.10.1991 obtained by the defendant-respondent No.2 is null and void and inoperative qua the rights of plaintiff. Garibu also sought relief of permanent injunction restraining defendant No.2 from interfering in their actual possession and also from changing the Khasra Girdawari entries in his favour on the basis of impugned decree. The suit was resisted by defendant No.2 by filing written statement that plaintiff is not in exclusive cultivating possession of the suit land. Rather the defendant and plaintiff are in joint possession. The judgment and decree dated 05.10.1991 are valid and no fraud or misrepresentation has been played by the plaintiff.
(3.) After adjudication, the suit of plaintiff was decreed on 02.04.2005 by learned Civil Judge(Senior Division), Yamuna Nagar and the judgment and decree dated 05.10.1991 was declared null and void. The plaintiff was held in exclusive cultivating possession of the suit land as Gair Marusi Tenant and defendant No.2 was restrained from interfering in the actual cultivating possession of the plaintiff over the suit land. The Decree Holder filed an execution application under Order 21 Rule 32 CPC for execution of the judgment and decree dated 02.04.2005 and also prayed for detaining the respondent in civil imprisonment and attachment of his property.;