Document Fragment View

Matching Fragments

Gurbachan Singh has now filed a suit for partition in the year 1973 claiming not only 135 kanals on which he had obtained actual physical possession, but also 62 Kanals and 13 marlas on which he had been granted symbolical possession in the execution proceedings in 1963. After the filing of the suit for partition, the appellants filed an objection petition under Sections 47/152/151 of the code of Civil Procedure Praying that necessary correction may be made in revenue record by restitution of excessive area wrongly delivered to the decree-holder. The respondent-decree-holder contested the above application. Apart from the other objections, one the ground raised was that the objection petition was barred by limitation as the same was not filed within three years of the order dated 13.6.1963 under which the symbolical possession was given to the decree holder. The Learned Sub-Judge First Class, Karnal held that the limitation will only start to run when the respondent- decree-holder tried to interfere in the possession of the petitioners by filing the partition proceedings in the year 1973. It was also held that the decree-holder had already obtained possession of the area measuring 135 Kanals to which he was entitled under the decree and he was not entitled to retain the possession of the excessive area of 62 Kanals, 13 marlas of which only symbolical possession was given to him. It was thus, held that the possession of the land measuring 62 Kanals, 13 marlas of which symbolical possession was obtained was to be restored in favour of the objector-judgment-debtor.