MANJIT KAUR Vs. JASWINDER KAUR AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 2.2.20111, passed by learned Additional District Judge, Sangrur, vide which appeal filed by petitioner-objector against order dated 3.9.2008 passed by learned Additional Civil Judge, (Senior Division), Sangrur, dismissing objection petition filed by present petitioner-objector, was dismissed.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the orders passed by learned Courts below.

(3.) Briefly stated, a decree for specific performance of agreement to sell was passed in favour of respondent no.1-plaintiff- decree holder and against present petitioner and respondent no.1- judgment debtor, who is none else than husband of present petitioner. Pursuant to the said judgment and decree, sale deed was got executed by learned Executing Court in favour of respondent no.1-decree holder. However, possession of the premises in dispute was not delivered to her. Warrant of possession was issued. Firstly objections were filed by respondent no.2-judgment debtor, i.e., husband of present petitioner and the same were dismissed and now another objection petition was filed by present petitioner by taking the plea that the premises in dispute was given to her by her mother-in-law by way of oral gift and not to her husband without prima facie showing any document in her favour. Hence, both the Courts have rightly come to the conclusion that the present objection petition has been filed by present petitioner in connivance with her husband just to delay the execution of judgment and decree, which was passed as early as on 6.6.2005.