Law:

Section:

Civil Procedure Code (V of 1908), O. XXI, r. 11 (2), cl. (j)­Execution of decree-Application for execution of decree passed for possession-Need not give exact particulars of property sought to be delivered-Clause (j) merely requires mention of mode in which assistance of Court required for delivery of property. Janki Sahu Trust v. Rain Palat A I R 1950 All. 580 and M. S. Sridharan and others v. M. L. Narasimhaswamy A I R 1960 Mys. 320 distinguished. Ibadat Yar Khan, Advocate Supreme Court instructed by K. A. Ghani, Attorney for Petitioners. Nemo for Respondents. Date of hearing : 16th January 1970. ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of Civil Petitions for Special Leave to Appeals Nos. K-60, K-61 and K-62 of 1969, which arise from a common judgment of the High Court of West Pakistan, Karachi Bench, in Letter Patent Appeals Nos. 129, 130 and 131 of 1964, decided on the 16th May 1969. One Serai Illahi Bux filed three suits for possession of land on the basis of a sale deed executed in his favour by Bilawal son of Ishaque, Khair Mohammad son of Lal Bakhsh, and Allah Dino son of Khamiso. These were dismissed by the Civil Court, Khairpur. Appeals filed against them were also dismissed by the District Judge, Khairpur. The High Court of Khairpur State remanded the appeals back to the District Court but they were again dismissed. The matter was again taken to the High Court of Khairpur State, which accepted the appeals and decreed the suits on the 17th December 1950. The defendants challenged these orders in appeals before the Judicial Committee of Khairpur State, which maintained the decrees of the High Court with some modifications. The judgment of the Judicial Committee, was approved by the Khairpur Darbar, on the 6th April 1955. On the 9th January 1958, petitioners filed execution applica­tions for the execution of the said decrees, but they were withdrawn on the 30th September 1960, as the survey numbers mentioned in the decrees had been changed and it was necessary to mention the new survey numbers of the lands in dispute. It may be mentioned that the lands in dispute were situated in Deh Patta of Taluka Gambat, but on account of new survey…

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