ZIAUDDIN Vs. ABDUL MAJID

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India preferred by Zia-ud-Din against Abdul Majid and five others. Abdul Majid has made the choice of remaining absent. The learned Sub-Judge who passed the impugned order dated 21st December, 1971 has been impleaded as respondent No. 6. Respondents Nos. 1 and 6 being unrepresented the proceeding qua-them are ex parte in terms of the order made on 10th of March, 1972.

(2.) The petitioner and Abdul Majid respondent No. 1 allegedly referred a dispute regarding the amount claimed by the petitioner on the basis of a promissory note to arbitration. An award was made on the 17th of March, 1971 in terms whereof a decree was passed in favour of the petitioner for the recovery of Rupees 40,000.00 against respondent No. 1 on the 15th April, 1971.

(3.) The petitioner took out execution and the executing Court passed an order attaching the property bearing Municipal Numbers 177 and 183 to 188, Church Mission Road, Fateh Puri, Delhi as it was represented that the property belonged to the judgment-debtor. The attachment was made on 15th of May, 1971. The property was auctioned on 30th November, 1971. Before the sale could be confirmed, separate objection applications were filed by respondents Nos. 4 and 5. A copy of the objections filed by respondent No. 4, under Order 21, Rules 58 and 90 and Section 151 of Civil Procedure Code has been placed on the record and I have gone through the relevant contents thereof. It was stated in paragraph 1 thereof that the disputed property originally belonged to Sheikh Feroz-ud-din who died on 14th of June, 1959 leaving behind 6 heirs. According to the averment in paragraph 3 the Succession Certificate was granted to the heirs on 19th July, 1960. In paragraph 6 it was stated that for a number of years after the grant of the Succession Certificate the heirs of deceased Sheikh Feroz-ud-Din had been residing in Pakistan. In paragraph 7 the information given was: