DEEP CHAND Vs. KRISHAN DATT

JUDGEMENT

(1.) This revision petition has been filed by Deep Chand, judgment-debtor, against the judgment of the Subordinate Judge, Panipat dated June 5, 1970.

(2.) Briefly the facts are that the plaintiff instituted a suit for possession. It was dismissed by the trial Court. The plaintiff went up in appeal against that judgment to the appellate court who accepted the same and decreed the suit of the plaintiff. The defendant came up in Regular Second Appeal in this Court against the judgment of the appellate court. He also prayed that the execution of the decree he stayed till the decision of the appeal. On July 18, 1978 the appeal was admitted and stay was granted in favour of the defendant. On July 20, 1978 when the stay order was not communicated to the trial Court, the possession was taken by the decree-holder. Thereafter, an application was made by the judgment-debtor under Section 151 Civil. P.C. that stay order had been granted in his favour on July 18, 1978 and therefore, the possession be restored to him. That application was contested by the decree-holder. The learned Court dismissed the same. The judgment-debtor has come up in revision against that order to this Court.

(3.) It is contended by the learned counsel for the petitioner that if the execution has been stayed by the appellate court and before the communication of that order to the executing court, possession is delivered to the decree-holder, it should be restored to the judgment-debtor in case he files an application under Section 151 of the Civil Procedure Code In support of his contention, he places reliance on Mulraj v. Murti Raghunathji Maharaj. AIR 1967 SC 1386 and Smt. Suraj Kaur v. Shingara Singh, (1972) 74 pun LR 609.