CHANAN SINGH Vs. NAZAR SINGH AND ANR

JUDGEMENT

(1.) Challenge in the present petition is to the order passed by the learned Executing Court on 9.3.1990, whereby an objection filed by the Petitioner against the sale conducted on 15.3.1986 was dismissed and the order in appeal passed by the learned first Appellate Court, on 7.1.1994, affirming the order passed by the learned Executing Court.

(2.) Nazar Singh obtained a money decree in the sum of Rs. 25,197/-against Jagjit Singh. Another money decree in the sum of Rs. 54,807.75p was obtained by Ajit Singh son of Naranjan Singh against said Jagjit Singh. In execution of the decrees in favour of Nazar Singh and Ajit Singh, land of Jagjit Singh, Judgment Debtor, measuring 23 kanals 11 marlas was put to sale by way of auction. The same was purchased by Chatar Singh and Nazar Singh - Decree Holder, for Rs. 85,000/-.

(3.) The present Petitioner filed objections against the sale alleging, irregularities, illegalities and fraud in the conduct of the auction. It is the case of the Petitioner that there was a money decree in his favour in the sum of Rs. 54,807.75p against Jagjit Singh and therefore, the sale of the land of the judgment Debtor, suffers from illegalities and irregularities and that in terms of Section 73 of the CPC, the Petitioner is entitled to ratable distribution of the assets recovered from Jagjit Singh, Judgment Debtor.