HARI RAM Vs. K L GANDHI

JUDGEMENT

(1.) This Revision is directed against the Order of the learned Additional District Judge dated 2.7.1999. The facts of the case are that the Respondent, Mr. K.L. Gandhi had made a Statement on oath before the learned Additional District Judge, Delhi on 14.7.1994 to the following effect:

(2.) As is evident an Assignment Deed had been executed by Shri K.L. Gandhi and Shri Pehlad Gandhi to the same effect as this Statement. In these circumstances the Petitioner had preferred an application under Order XXII Rule 10 which was disposed of with the observations that the proceedings had already come to a conclusion by the passing of a Decree. The Petitioner thereupon initiated execution proceedings in which a Notice to the Assignors was issued under Order XXI Rule 6 of the CPC. It is pursuant to this Notice that Shri K.L. Gandhi has filed Objections, the gravamen of which is that the consideration for the execution of the Assignment Deed was wholly insufficient and much below the market price of the land. The learned Trial Court has directed the parties to lead evidence in support of their respective claims.

(3.) In the impugned Order itself it is recorded that the Objectors had