Civil decree not executed for 12 years
Sham Sunder Pruthi
(Querist) 13 May 2011
This query is : Resolved
Ld Experts, A civil decree relating to ownership of agriculture land was passed 12 years back but the same was not got executed.However, decree was not challenged by any one. After 12 years, When it was moved before Revenue Authority for updating the record, it was rejected as decree was passed more than 12 years back. Now what is the fate of decree. What is the process to get it re-validated? Thanks in advance.
ANIL AGARWAL
(Expert) 15 May 2011
Is it only a declaratory decree for ownership or for eviction of occupant who is not owenr, also?
M V Gupta
(Expert) 15 May 2011
If the decree is declaratory and u are in possession of the property, period of limitaion does not apply.
Sham Sunder Pruthi
(Querist) 15 May 2011
It is only a declaratory decree for ownership and I am in possession of property.Kindly provide citation/law on this point that period of 12 years limitation for execution does not apply in declaratory decree. This is urgently required.
Kindly help.
Advocate. Arunagiri
(Expert) 15 May 2011
For the declaration no need for Execution, so the 12 years limitation does not apply.
If there is no direction only it has to be executed.
without knowing the full judgment, we can not give a suitable reply.
Sham Sunder Pruthi
(Querist) 17 May 2011
Sir, I may add in brief that A civil court decree was passed 20 years back. Whether mutation can be sanctioned on the bases of said decree. If so, KINDLY provide citation/law on this point.
M V Gupta
(Expert) 19 May 2011
I think u do not ned any citation. A declaratory decree confirms an existing title of a person which is sought to be disputed by the defendants. Further for the last 20 years the decree remains un challenged.So u can apply for mutation of ur name in the property records on the basis of the Original documents of title and the decree in question.
