Code of Civil Procedure, 1908–Order 21, Rule 97–Execution proceeding–Objection up to effect that the property in question was acquired by the State Govt. in the year 1956–No such defence was taken before the trial Court or at the stage of first appeal or at the stage of special appeals–No sufficient evidence on record to prove that the property was acquired and the possession was taken–Rather, the letter dated 03.09.1961 shows that the properties of temples, mosques and religious purposes having construction were exempted from the acquisition and their possession was never taken by the Government–No sufficient evidence was also produced to show the determination of compensation–Further, if the possession of the objector-appellant over the part of suit property has been regularised by the UIT during the course of present lis, the same has no consequence and does not affect the mertis of judgment of trial Court–Execution Court rightly rejected the objection.
