JOGINDER SHARMA Vs. KULWANT SINGH

JUDGEMENT

(1.) Appellant-Joginder Sharma, a third party objector, hereinafter referred as "objector"(now deceased and represented by Lrs.) is aggrieved against the orders passed by both the Courts below whereby his objections for resisting the execution of a civil court decree dated 22.12.1980 were dismissed. It is clarified that decree under execution attained finality up to Hon'ble Supreme Court on 15.01.2010.Respndents-plaintiffs are the decree holders.

(2.) Facts giving rise to the present execution second appeal, (for short "second appeal") are that decree holders filed Civil Suit No. 13 dated 29.01.1975, for declaration to the effect that they, along with defendants No.6 to 8 were owner in possession of the shops, side-passage as well as vacant plot at the rear side shown in red colour of the site plan attached with the plaint; further that sale deed dated 08.10.1974, executed by Gurdial Singh-defendant No.2, in favour of Sant Ram-defendant No.1 (both judgment debtors) being illegal, void, inoperative, without legal consequences and did not confer any right, title or interest in favour of defendant No.1- Sant Ram, with a relief of permanent injunction and for possession thereof.

(3.) Thereafter, on 02.08.2010, decree-holders initiated execution proceedings, which were resisted by judgment debtors as well as the present objector while filing separate objections. Appellant/objector inter-alia submitted that he is continuing as a tenant over the property in dispute shown in red colour of the site plan attached with the objections at the rate of Rs.2400/- per annum since 1980 and at present, it has been increased to Rs.35000/- per annum; and thus, claimed the relationship of land-lord and tenant with the decree holders. Also submitted that rent stood paid upto 31.03.2011, but the receipts have been issued only upto 31.03.2010.