GORAKH SINGH Vs. JAGPAL SINGH AND OTHERS

JUDGEMENT

(1.) THROUGH this common judgment, both these revision petitions shall be disposed of.

(2.) One Gurbachan Singh obtained a decree for the recovery of Rs. 25,000/ - inclusive of interest and costs against Lekh Ram -dead represented by his widow Bhagwani, sons Maghar Ram etc and daughters Kauran Devi etc on 30th May, 1992 in a Civil Suit No. 367 dated 28th April, 1990 from the Court of Sub Judge Ist Class, Dhuri. It was provided in the decree that the decretal amount shall be paid positively by the Defendants to the Plaintiff on or before 30th June, 1992 and in case, the Defendants failed to make the payment of Rs. 25,000/ - to the Plaintiff on or before 30th June, 1992, the suit of the Plaintiff shall be deemed to have been decreed for the recovery of Rs. 35,500/ - with costs and interest @ 12% per annum from the date of filing of the suit till realisation.

(3.) THE Defendants could not make the payment of decreetal amount till 30th June, 1992 and, therefore, later part of the decree came into play. Gurbachan Singh put in Execution Petition No. 54 registered on 7th October, 1992, in the Court of Sub Judge Ist Class, Dhuri for executing the decree. It was prayed that an amount of 54,393/ - be got recovered from the J.Ds by attachment of sale of their 11/36 share in land measuring 126 bighas 21 biswas, situated in the revenue estate of village Mallu Majra, Tehsil Dhuri, vide jamabandi for the year 1989 -90.