GURCHARAN KAUR Vs. AJIT SINGH AND ANR

JUDGEMENT

(1.) Gurcharan Kaur has filed the instant revision under Section 115 of the Code of Civil Procedure (in short, CPC) assailing order dated 9.2.2007 passed by learned executing court i.e. Additional Civil Judge (Senior Division) Phagwara in execution petition instituted by Ajit Singh respondent No. 1 (decree holder) against Sukhwant Singh respondent No. 2-judgment debtor.

(2.) Suit filed by respondent No. 1 against respondent No2 was decreed vide judgment and decree dated 29.8.1988, thereby holding respondent No. 1 to be in possession of the suit property and therefore, granting decree of permanent injunction in favour of respondent No. 1 restraining respondent No. 2 from interfering in the possession of respondent No. 1 over the suit property and dispossessing him therefrom except in due course of law. Respondent No. 1 filed execution petition under Order 21 Rule 32 CPC for execution of the said decree dated 29.8.1988 alleging that subsequent to the passing of the said decree (which was also affirmed in appeal vide judgment and decree dated 31.7.1991) respondent No. 2/JD in violation of the decree had forcibly taken possession of the suit property and thereby failed to obey the decree.

(3.) Respondent No. 2 in his reply alleged that he had sold the suit property to Gurcharan Kaur (petitioner herein) and also delivered possession thereof to her. Respondent No. 2 claimed that he was exclusive owner of the suit property and respondent No. 1 is neither owner thereof nor entitled to the same. It was also pleaded that Gurcharan Kaur had already filed a suit for permanent injunction against respondent No. 1 Ajit Singh.