Citation(s)
2026 SLG 1454 2026 SLD 1454 = 2026 PHC 1756

Law: Code Of Civil Procedure, 1908.

Section: 47 , 21 Rule 35 , 104

Law: Transfer of Property Act, 1882

Section: 52

Summary of the Case

Court has allowed the revision petition filed by Noor Ghani, setting aside the impugned judgments/orders passed by the courts below. The executing court is directed to conclude the execution proceedings afresh, in accordance with law.
The petitioner, Noor Ghani, was decreed a share in the property against Alam Said. Respondents No. 5 and 6 were found in possession of land exceeding their entitlement. The court held that respondents No. 5 and 6 are \"persons bound by the decree\" under Order XXI Rule 35, C.P.C. The executing court must determine the extent of land in possession of each party and ensure delivery of possession to the decree-holder.

The petitioner filed a revision petition against the judgment of the appellate court which had upheld the dismissal of his suit for inheritance rights in a 14-Kanal property. The respondents defended their possession on the basis of registered sale deeds. After multiple rounds of litigation, including remand and partial decree in favour of the petitioner for 5 Kanals 3½ Marlas, disputes arose during execution proceedings regarding actual possession. The executing court rejected the petitioner’s execution application against respondents No. 5 and 6. The High Court held that the decree was executable, that respondents were persons bound by the decree, and that the executing court failed to properly determine possession under Section 47 CPC and Order XXI Rule 35 CPC. The revision was allowed and execution proceedings were ordered to be re-decided.

Sections / Legal Provisions Used

Section 47, Civil Procedure Code (CPC) – Questions relating to execution, discharge, or satisfaction of decree
Order XXI Rule 35, CPC – Delivery of possession of immovable property and removal of persons bound by decree
Section 104, CPC – Appealable orders (mentioned indirectly in maintainability context)
Doctrine of Pendente Lite Transfer (principle under property law; purchaser during litigation bound by decree)
Section 52, Transfer of Property Act (principle referenced) – Lis pendens rule

Key Legal Principles

Executing court must ensure full satisfaction of decree, not refuse execution on technical grounds
Persons in possession beyond entitlement can be treated as “persons bound by decree”
Execution court has jurisdiction to determine actual possession under Section 47 CPC
Pendente lite purchasers are bound by decree

Two-Word Case Descriptions

Execution Dispute
Inheritance Litigation

JUDGMENT

The present revision petition arises out of the judgment passed by the learned appellate court whereby the appeal against the judgment and decree of the learned trial court was dismissed. The petitioner had filed a suit claiming inheritance rights in the suit property, which was contested by the respondents on the basis of purchase deeds and ownership claims.

1. Background of the Case

The petitioner instituted a suit claiming entitlement to half share in the demised property measuring 14 Kanals on the basis of inheritance. The suit was contested by respondents No. 5 and 6, who claimed ownership through registered sale deeds. Issues were framed and evidence was recorded.

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