GURCHARAN SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE decree-holder Gurcharan Singh has challenged in this appeal judgment of Addl. District Judge,. Patiala, dated September 23, 1987, whereby appeal filed by Darshan Singh s/b Mangal Singh (judgment-debtor) was allowed and order of the trial Court dated October 21, 1986, dismissing objection filed by the judgment-debtor was set aside.

(2.) THE present petitioner obtained decree for the recovery of Rs. 9000/- with costs against the respondent on March 28, 1980 in a suit for specific performance of the contract. In execution of the decree, land in dispute was attached. At this stage it may be stated that this land was the same which was agreed to be sold for which suit for specific performance was filed. After attachment of the land notice under Order XXI, Rule 66 of the Code of Civil Procedure was issued to the judgment-debtor. However, no objections to the attachment were filed by the judgment-debtor.

(3.) THE land in dispute was sold by the judgment-debtor to one Wirsa Singh for about Rs. 11,000/ - who further sold the land to one Darshan Singh son of Karam Singh, who filed objections during the execution proceedings. His objections were dismissed in default. His application for restoration of his objections was also dismissed on October 12, 1985.