Smt. Slelata & Ors. v. Bhajan for possession of agricultural land measuring 11 kanals 10 marlas comprised & Ors.

Smt. Slelata & others ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Suvineet Sharma, Advocate, for the petitioners. NAWAB SINGH J. Challenge is to the order dated February 10th, 2010 passed by Civil Judge (Senior Division), Panipat, whereby, objections filed under Section 47 of the Code of Civil Procedure by the legal representatives of Madan Lal and Radhey Sham-judgment debtors were dismissed.

A suit titled Devi Singh vs. Bhajan & others for possession of agricultural land measuring 11 kanals 10 marlas comprised in khewat No.55, khatoni No.88, Killa No.38/3 (7-0), 4/1 (4-4), 185 (0-6) situated in village Rishpur Tehsil Panipat was decreed by judgment and decree dated May 28th, 1993 by Senior Sub-Judge, Panipat. The appeal filed against the said judgment was dismissed by the First Appellate Court by judgment and decree dated January 28th, 2000.

The decree-holder filed execution application for executing the judgment and decree dated May 28th, 1993. Warrant of delivery of possession were issued. It was reported by the Executing Officer supported by the Patwari in his statement before the Executing Court that during consolidation, the numbers of the land mentioned in the decree were changed and the new numbers were allotted. These were Rect. No.50 killa No.10/2/2 (4-0), 11/1 (2-0), 11/2 (1-5) land measuring 7 kanals 5 marlas. In view of this, warrant of delivery of possession of land comprised of new numbers were issued. The petitioners filed objections pleading that since the land was comprised of new numbers and the decree was passed qua old numbers, that is, khewat No.55, khatoni No.88, Killa No.38/3 (7-0), Civil Revision No. 1445 of 2010. (2) 4/1 (4-4), 185 (0-6) land measuring 11 kanals 10 marlas so, the judgment and decree was not executable. The said application was dismissed by the impugned order.

Consolidation is a process aimed at avoiding fragmentation of land holdings. Under this process, the entire land of the revenue estate belonging to all the land owners is put in a common pool then separate rectangles and killa numbers are carved out. In lieu of the previous holdings of a land, new rectangles and killa numbers are allotted. This in essence is a partition. When the proceedings of consolidation under the Act are afoot, all matters like partition, sanction of mutation etc. remain with the domain of consolidation proceedings.

If a new chunk of land comprised in new rectangle and killa number is allotted during the consolidation, the land does not change its identity. It is, therefore, ludicrous to say that present decree is inexecutable. If this line of argument was to prevail, umpteen number of decrees would become inexecutable leading to a legal chaos.

Above being the factual and legal position, the revision petition is meritless and is dismissed in limine. (NAWAB SINGH) JUDGE

4.3.2010. SN