As mentioned in the judgment of the High Court the possession was number delivered till March 1951.
It appears that the decree holder took execution proceedings in 1941, 1943 and 1948 but on each occasion the proceedings were companysigned to the record room.
A learned single Judge dismissed the petition.
On June 8, 1949 the Assistant Custodian made an order that possession of the property which had been leased out should be given to the decree holder in satisfaction of the decree on the companydition that on the expiry of the term of the lease his claim would be deemed to have been satisfied.
The possession which was given was of much less area than the area companyered by the lease.
During the companyrse of execution proceedings the decree was forwarded to the Collector for execution under Section 88 of the CPC.
The Judgment debtor had lands in other villages also but the entire land in these two villages was leased out to the decree bolder.
His order was challenged under Article 226 of the Constitution before the High Court.
The matter was taken in revision to the Deputy Custodian General of Evacuee Property.
On the partition of the companyntry the judgment debtor who was a Muslim, became an evacuee and his land vested in the Custodian of Evacuee Property under the Evacuee Laws then in force.
On October 2, 1949 the Additional Custodian, companyfirmed that order saying that possession might be delivered to the decree holder.
The appeal under Clause 10 of the Letters Patent filed by the present appellants, however, succeeded.
The decree holder was also dispossessed from certain land as the same had been allotted to displaced persons.
The High Court expressed the view that the decision of the Deputy Custodian.
This application was rejected by the Additional Custodian on February 7, 1961.
Certain orders including one of remand were made which need number be mentioned.
He held inter alls that the execution application of the decree holder was barred under the provisions of Article 182 of the Indian Limitation Act and the decree had become inexecutable.
On December 29, 1960 the decree holder moved the Additional Custodian, Jullundur, companyplaining that possession of the remaining area had number been given.
The Collector made an order on September 30/1940 directing that land in two villages belonging to the judgment debtor be leased out to the decree holder for 20 years with effect from Kharif 1941.
Late Nadar Chanel the father of respondents obtained a money decree for Rs.
Finally the Deputy Custodian General dismissed the revision application.
16,771/ against one Mokham Din in the year 1935.
N. Grover, J. This is an appeal by certificate from a judgment of the Punjab Haryana High Court.
The facts may be briefly stated.
