GURJANT SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) GURJANT Singh son of Jangir Singh son of Saun Singh has filed the present petition under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 against Gurdev Singh and Charanjit Singh with a prayer that the respondents have violated the order dated 20.2.1985 passed by the Hon'ble High Court in RSA No. 2660 of 1984.

(2.) THE case set up by the petitioner is that in the said RSA Hon'ble Mr. Justice S.S. Kang vide his order dated 20.2.1985 was pleased to restrain the parties from alienating the property in dispute, but in spite of the directions which were passed in the presence of the counsel for the parties, Gurdev Singh, respondent No. 1 executed the sale deed on 27.4.1998 for a consideration of Rs. 1,37,000/- in favour of Charanjit Singh, respondent No. 2.

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the record of this case and in my opinion respondent No. 1 Gurdev Singh has flouted the directions dated 20.2.1985 passed by this Court. It is prima facie established on the record that Gurdev Singh executed the sale-deed for a consideration of Rs. 1,37,000/- in favour of Charanjit Singh when he was restrained to do so. Even Gurdev Singh also admits that he had executed the sale-deed but he wants to take the shelter of document Annexure R-1, the so-called agreement, by stating that Gurjant Singh was also aware about that sale-deed. This sale-deed is not signed by Gurjant Singh. It is exclusively signed by Gurdev Singh, respondent No. 1. If Gurjant Singh was willing to execute the sale-deed, there was no difficulty on his part to become a party along with Gurdev Singh. Moreover, in the agreement Annexure R-1 Gurjant Singh has been shown the son of Dalbir singh, which is not a fact. Rather, he is the son of Jangir Singh. The so-called agreement Annexure R-1 states that Baldev Singh, Major Singh and Gurjant Singh have received the amount of their share and in case any wrong is done they shall be responsible and the same shall be compensated from their land. This document was executed on 27.4.1998. If Gurjant Singh had received the money or had ratified the sale-deed, there would have been some hue and cry on behalf of Baldev Singh. There appears that the document Annexure R-1 has been fabricated just to escape the liability.