Executing Court cannot go beyond the decree; held objections rightly dismissed

Madhya Pradesh High Court: Petitioner preferred this civil revision before a Single Judge Bench of Rajeev Kumar Shrivastava, J., under Section 115 of Civil Procedure Code, against the order passed by 3rd Civil Judge, Class-II, whereby the objection raised by the petitioner under Section 47 read with Section 151 was rejected.

Facts of the case were such that respondent had purchased a shop which is in question, from a person Khusro who is the power of attorney holder of late Jahan. It was alleged that petitioner occupied the shop and failed to pay rent to respondent to whom the shop actually belong by virtue of a sale deed. Petitioner had submitted that they have no relation with the respondent and all the construction done on the shop had been done by them. Trial Court affirmed eviction of petitioner from the shop in question. Later an execution case was filed which was objected under Section 47 read with Section 151 praying for stay of the execution proceedings but the same was denied. Hence, this revision. Petitioner contended that the executing Court should have allowed petitioner to give evidence in order to substantiate and prove his objection, therefore, the impugned order was bad in law and should be set aside.

High Court was of the view that this revision petition should be dismissed. On the basis of facts and circumstances of the case, it was found that decree of eviction was affirmed by the first appellate Court and second appellate Court. The objection raised were not sustainable due to the well-settled principle that Executing Court cannot go beyond the decree. Therefore, this revision petition was dismissed. [Mohasin Ulla Khan v. Nabila Rahil, 2018 SCC OnLine MP 949, Order dated 13-12-2018]

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