AIR 1984 RAJASTHAN 98 ::1983 WLN(UC) 655 ::(1984) Raj LR 52 ::(1984) 1 RenCR 474 ::(1984) 1 RenCJ 212

Rajasthan High Court

Hon'ble Judge(s): M. C. Jain , J

(A) Civil P.C. (5 of 1908) , S.151, O.21 R.35, O.21 R.97, O.21 R.98— Application by decree-holder before executing court under S.151 - Application stating that judgment-debtor's men refusing to deliver possession - Police aid was prayed for execution of decree - Likelihood of breach of peace alleged - Court providing police aid for execution - Valid. The decree-holder made an application under S.151 before the Executing Court stating that the men of the judgment-debtor present on the suit premises refused to deliver possession and as there was a likelihood of breach of peace the decree-holder prayed for execution of decree with police aid. The Sale Ameen also prayed for police aid for execution of warrant. The court provided police aid for execution of the warrant of possession under O.21, R.35. The obstructionist filed an application claiming independent possession of disputed premises and submitted that the application by the decree-holder should have been one under O.21, R.97 and without adjudication of the obstructionist, right they could not be ousted. Held, that the executing court was justified in providing police aid and the application cannot be treated as one under O.21, R.97 as the decree-holder clearly stated that the obstructionists were none other than the men of the judgment-debtor. According to the prayer made in the applicatio....