VINOD K.SHARMA,J - (1.) THE petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 26.2.2007 passed by the learned Additional Civil Judge (Jr. Division), Pehowa vide which objections filed by the petitioner to the execution of the decree stand dismissed.
(2.) LAL Chand, the predecessor-in-interest of the respondent obtained a decree for possession of the property shown in red colour in the site plan attached with the execution petition along with superstructure standing thereon. The said suit was decreed and the order passed has attained finality. Lal Chand decree holder on earlier occasion filed an execution application. However, since he expired the said petition was dismissed in default. Yash Pal along with other legal representatives filed present execution application to execute the decree passed by the court in favour of Lal Chand deceased. The petitioner Judgment Debtor filed objections to the execution petition taking objection that the petitioner has become co-sharer in the suit land on account of civil court decree passed in Civil Suit No. 418 of 1992 dated 6.6.1992 and thus, claimed that he was entitled to remain in possession.
(3.) THE objection petition was contested on the plea that the decree under execution was based on forceful dispossession by the Judgment Debtor and the question of title was not relevant at all. The executing court noticed that the question of title was also decided in the judgment passed in favour of Decree Holder wherein it was held that the Decree Holder was entitled to possession of the suit land.;