LAKHWINDER KUMAR Vs. BACHAN SINGH

JUDGEMENT

(1.) Judgment debtor - Petitioner is assailing the order dated 30.10.2010 passed by the Civil Judge, Junior Division, Dhuri, thereby directing to detain the judgment debtor in civil imprisonment.

(2.) Brief facts of the case are that the decree holder - Respondent has filed suit for recovery of Rs. 2,29,000/-, which was decreed vide Judgment/decree dated 23.11.2006. Thereafter, decree holder has filed execution application in which property mentioned was directed to be attached. Father of the judgment debtor - Petitioner challenged the attachment order saying that the property attached belongs to him and does not belong to the judgment debtor - Petitioner and hence, cannot be attached for recovery of money against the judgment debtor - Petitioner. Thereafter, the Executing Court directed the judgment debtor to produce the list of properties owned by him. In reply, Judgment debtor - Petitioner stated that he does not own any property and is unable to pay the decrial amount. Thereafter, the decree holder moved an application for detention of the judgment debtor in civil imprisonment, which was allowed by the impugned order.

(3.) It has been stated by the decree holder before the Executing Court that the judgment debtor as well as his brother Surinder Kumar have cheated so many people and a news item was also published in Daily Spokesman dated 13.08.2006. It has further been contended before the Executing Court that an FIR No. 280 dated 07.11.2007 was also lodged under Sections 420, 406 IPC against the judgment debtor and his brother. It has also been averred that the judgment debtor and his brother are habitual cheaters. They take money as loan and do not pay back saying that they have no means to pay the amount. It has further been contended that judgment debtor has purchased large number of Benami movable and immovable properties in the names of his family members with malafide intention not to pay the loan amount and the decrial amount.