Sardara Singh vs Guryani Brij Bhallabh Kaur

K.S. Janjua, FC.

These revisions arise out of the order of Commissioner, Jalandhar Division dated 14.5.1996 in the cases titled ``Sardara Singh son of Ishar Singh resident of Dayalpur Gate, Kartarpur v. Guryani Brij Bhallabh Kaur Trust Kartarpur'''' and ``Jeet Kaur Wd/o Battan Singh v. Smt. Guryani Brij Bhallabh Kaur Trust, Kartarpur''''.

The main question that arises here is whether the period of limitation for enforcement of order of ejectment under Punjab Security of Land Tenures Act, 1953 is 3 years or 12 years ? The Commissioner, Jalandhar Division had held that limitation in such cases is 12 years and the mention of words ``civil Court'''' appearing in Section 136 of the Limitation Act is in some other context. He has in his order held that such decrees have a limitation period of 12 years for their enforcement.

I have heard the arguments advanced by both the parties and have gone through the pleadings and record. On one side it has been argued that order of the revenue Court has the same status as that of order of civil Court. It has also been pleaded that decree by a revenue Court has the same status as that of civil Court decree.

On the other hand it has been argued that in tenancy ejectment cases, the order is that of a revenue officer.

I have given due consideration to various secondary arguments adduced before me. Article 136 of the Limitation Act reads as follows :

Description of application, Period of limitation

For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil Court., Twelve years

Article 137 of Limitation Act reads as follows:

Description of application, Period of limitation

Any other application for which no period of limitation is provided elsewhere in this Division., Three years

I am of the opinion that under Article 136 ibid the words between brackets i.e. ``other than.......injunction'''' are by way of explanation only. The key words for interpretation of this article are ``any decree..... or order of civil Court''''. It is abundantly clear from the reading of this Article that statutory limitation of 12 years is for decrees and orders of civil Courts. Revenue Courts or revenue officers are by no stretch of imagination civil Courts.

Article 137 deals with any other application for which period has not been provided elsewhere. Under Punjab Tenancy Act no period of limitation for enforcement of orders or decrees has been prescribed. In this case order of ejectment was made on 27.8.1984. The alleged tenancy continued for a number of years afterward. The application for execution of this order was made in 1992. The landowner first sought decree/order for ejectment, but instead of evicting the tenant after obtaining the order he continued the tenancy in some other form. It would be a complete farce and a joke if the execution of order of 1984 is made now in 1997 (or even in 1992). If the tenant does not satisfy the conditions of tenancy, he should be evicted. It is a final order which should have been executed. It cannot be the spirit of Article 136 to allow the statutory limitation of 12 years for decrees and orders of noncivil Court. If there was urgency for ejectment, same should have been effected under the period of limitation which runs for three years. If the framers of the Limitation Act had any intention to grant 12 years limitation period for other, orders they would have specifically mentioned this and need not have left this open. In the absence of any intention to the contrary, it is presumed that the law means what the Act says it is. Since this has not been done, the orders under Punjab Tenancy Act are to be governed by Article 137 of the Limitation Act for application for execution.

Article 136 will not apply to any application for execution of any order given by any special Court under a special Act. It is intended to covert any such orders or decrees as are made by civil Court or are deemed to be decrees by virtue of some provisions requiring their execution as decree. This being not the case here, limitation will be for three years in the present case.

In view of these observations, the orders of Commissioner/Collector are set aside being against the expressed intention of law. The application for execution of an ejectment order after 8 years fails. The period of limitation in decrees/orders of Courts other than civil Courts where no specific limitation has been prescribed by any Act, shall be three years as stipulated under Article 137 of the Limitation Act.

Announced.