2019 AIR CC 3377 (P and H) ::AIROnline 2019 P and H 973

Punjab And Haryana High Court

Hon'ble Judge(s): Raj Mohan Singh , J

Civil P.C. (5 of 1908) , O.21 R.32— Execution of decree - Issuance of warrant of possession - Decree holder has not pleaded material particulars with regard to disobedience and dispossession in application - O.21 R.32 in respect of intentional violation requires stricter proof of dispossession with reference to date, time, place and manner of dispossession - Decree holder cannot be presumed to have been dispossessed - Conviction of brother and father of decree holder in respect of property in question would further make plea of dispossession on questionable note - Order not sustainable and set aside. 2011(3) R.C.R. (Civil) 305, Dist. (Para 13 14)