DALJIT SINGH SANDHU Vs. KAMALJIT SINGH

JUDGEMENT

(1.) CM No.1694-CII of 2010 Application is allowed subject to all just exceptions. CR No.461 of 2010 (O&M)

(2.) CHALLENGE in this revision petition is to the impugned orders dated 31.5.2007 (Annexure P-4) and dated 24.10.2009 (Annexure P-6) passed by the Civil Judge (Jr. Division) Amritsar and the Additional District Judge, Amristar whereby objections filed by the petitioner against the issuance of Sale Certificate in favour of one Kamaljit Singh son of Harbhajan Singh on 20.11.2003 with regard to the property in dispute has been dismissed.

(3.) IT is the case of the petitioner that Balwinder Singh in connivance with the bank officials and in order to play a fraud with him got auctioned the property through respondent No.3 without any publication of the auction conducted on 8.11.2002. Sale certificate dated 20.11.2003 was issued in favour of respondents No.1 and 2, who were the near relatives of aforesaid Balwinder Singh. Thus, the auction of the property in dispute for a meager sum of Rs.2 lacs was made in a clandestine manner which clearly shows that there was a conspiracy on the part of Balwinder Singh and his family to dispossess him and to cheat the petitioner and thereafter, the petitioner came to know about the auction only when the Bailiff from the Court came with the warrants of possession. Thus, the petitioner filed objections in the execution application filed by the respondent-Bank on 17.1.2004 disclosing his entire case and the fraud committed upon him. He also lodged an FIR No.17 dated 24.1.2004 registered under Sections 420/467/468/471 and 120-B IPC. The objections filed by the petitioner were dismissed by the Civil Judge (Jr. Division), Amritsar vide order dated 31.5.2007. The appeal filed by the petitioner against the aforesaid order was also dismissed by the Additional District Judge, Amritsar vide order dated 24.10.2009.