Code of Civil Procedure, 1908–Sec. 47–Direction of Execution Court to deliver the possession of the decreed property–High Court set aside the direction and held that the appellant has been held entitled to only symbolic possession of the property–Decree of eviction and realization of arrears of rent–Plea of respondent-defendant that the decree has already been satisfied and possession of the vacant land qua which the decree was passed, has been already delivered–This plea was never raised by him–He has been consistently raising objection before the High Court that the subject decree is inexecutable and no physical possession can be delivered in pursuant thereto–High Court has gone behind the decree in holding that the appellant is only entitled to symbolic possession of the property–If during the pendency of the suit, the respondent/his predecessor in interest had raised any structure, it is his responsibility to remove it and take away the malba from the site–Impugned judgment passed by the High Court set aisde with certain directions.
