execution of eviction decree

Querist : Anonymous (Querist) 26 July 2010 This query is : Resolved
Suit plot 1/460 measuring 70 decs was recorded 35 decs each in the name of two brother A & B in R.S.R.O.R.{ year 1962}.A filed a suit on the year of 1997 for eviction against C claiming exclusive right title over eastern 35 decs of said plot and prayed eviction decree against C over 07 decs of land as he has revoked his licency.and he got decree.B was pro def in the suit who did not contested the suit but the suit was dismissed against him. In the first appeal the decree was confirmed.
But before starting of suit ,the suit plot was devided and two plots were allotted to A & B.in L.R.R.O.R.{1982}by land dept of West Bengal.A got plot no 178 and B got plot no 179. Knowing this facts but supressing the same A filed the suit without mentionting L.R.R.O.R. A filed execution suit . In the meantime, L.R. map was published and according to L.R. map A 's L.R. plot is in western side of B's L.R. plot. Therefore A has no right title and interest over eastern 35 decs of suit plot no 1/460 . Is this question exercuting court can determine?

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s.subramanian (Expert) 26 July 2010
yes.under sec.47 of c.p.c. the executing court is vested the jurisdiction to entertain and decide this kind of issues.