MANOJ KR SHAH Vs. ANAND KR

JUDGEMENT

(1.) The present Appeal is directed against the Order dated 4 April, 2003 passed by the learned Additional District Judge dismissing the objections filed by the appellant herein under Order XXI, Rule 58 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short). The aforesaid objections under Order XXI, Rule 58 of the Code was filed by the appellant in Execution No. 2/97 titled Mr. Anand Kumar (decree holder) v. Mr. Sudesh Mehta (judgment debtor) for execution of a money decree for a sum of Rs. 3,65,345.58 plus costs and pendente lite and future interest @ 18% per annum.

(2.) The appellant herein claims that he has purchased property bearing No. 201 in building No. 4327 at 3, Ansari Road, Darya Ganj, Delhi from the judgment debtor under Agreement to Sell, affidavit, special power of attorney, possession letter, indemnity bond and a Will executed on 22nd April, 2000. The general power of attorney and the Will are duly registered documents. The appellant also relies upon a receipt dated 28 fe April, 2000 executed by the judgment debtor confirming that he had received a sum of Rs. 6 lakhs by way of a Pay Order from the appellant on account of the sale of the property in question.

(3.) It is submitted by the appellant that the learned Executing Court has erred in summarily dismissing the objections filed by the appellant without recording any evidence. It is also submitted that the learned Executing Court without any basis has come to the conclusion that the appellant is deemed to have knowledge about the decree passed in favour of the decree holder against the judgment debtor and the transaction between the judgment debtor and the objector is not a bona fide transaction for consideration.