SWASTIK EMPOULES Vs. MAYA RAM

JUDGEMENT

(1.) On issuance of the warrant of possession of the total land measuring 19 Marias in an execution filed by Respondent decree-holder Maya Ram (herein referred as 'the decree holder'), the Petitioner - M/s Swastik Empoules village Mamidi, Tehsil Jagadhri District Yamuna Nagar (herein referred as 'the Petitioner') filed the objection petition on the ground that civil court had no jurisdiction to execute the certificate of sale and deliver the possession on the application of the decree-holder. The objection petition was dismissed on 15.6.2005 and its appeal was also dismissed on 5.12.2009. Hence, this revision petition.

(2.) Briefly stated the facts are that one M/s Kamboj Rubber Industries had obtained loan through its proprietor Suraj Bhan and the collateral security, namely Dalel Singh s/o Sarda Nand mortgaged his property in favour of the Yamuna Nagar Central Cooperative Bank Ltd. - the loaner bank. Since the mortgager could not return the money, therefore, his property was auctioned by the Registrar of Cooperative Societies on 11.9.2003, which was purchased by the decree holder along with the construction thereon for a sum of Rs. 10,40,000/-. The sale was confirmed by the Deputy Registrar, Cooperative Societies, Karnal in his capacity as Registrar and the sale certificate dated 12.1.2004 was issued to the decree holder. Thereafter, he moved an application before the Civil Court for getting possession of the land, so purchased.

(3.) The other facts in the background are that the present Petitioner had filed a civil suit against Dalel Singh and Ors. for possession by way of specific performance on the allegations that the Company had agreed to purchase the disputed land from Dalel Singh. Along with the suit, an application for grant of temporary injunction was also filed, which was dismissed and it was further held that the decree holder would be entitled to seek possession in due course of law. In response to the aforesaid execution filed by the decree-holder, notice was issued to the other parties. The Petitioner moved the objection petition along with numerous objections including the maintainability and jurisdiction to try the execution petition, but those objections were dismissed by the executing court. However, this Court while sitting in revision had remitted back the matter to decide the objection petition afresh, in accordance with law.