RAJENDER PARSHAD Vs. DEVI DAYAL RAVINDER KUMAR

JUDGEMENT

(1.) This appeal has been filed by the objectors-appellants against the judgment dated 21.1.1987 passed by the Additional District Judge (I), Gurgaon.

(2.) The facts of the case, in brief, are that decree-holder M/s. Devi Dayal Ravinder Kumar had filed a suit against M/s. Sukhdev Singh Guru Parshad, respondent No. 3, and Jai Dayal, objector-appellant No. 4 as partner of the firm M/s. Sukhdev Singh Guru Parshad, under the Arbitration Act, in Civil Court at Delhi and thereafter an Arbitrator was appointed, who gave his award and the said award was made a rule of the Court by Sub Judge 1st Class Delhi, on 21.12.1978, vide which the suit of M/s. Devi Dayal Ravinder Kumar, respondent-decree-holder was decreed against M/s Sukhdev Singh Guru Parshad and Jai Dayal (partner of firm M/s. Sukhdev Singh Guru Parshad), for a sum of Rs. 10,941/- with interest and costs, as per the copy of the decree-sheet dated 21.12.1978. The decree-holder applied to the civil Court at Delhi for transfer of the said decree to the Court at Gurgaon as a result of which, a transfer certificate was issued by Sub Judge 1st Class, Delhi transferring the said decree to the Court at Gurgaon. The decree-holder filed an execution application in the Gurgaon Court. The proceedings were initiated on the said execution application and, during the execution proceedings, the property, in dispute, was duly attached on 9.6.1979 at the spot. Subsequent thereto, in the presence of the counsel for the parties, including the objectors-appellants, the Sub Judge 1st Class, Gurgaon, ordered the sale of the said immovable property which had already been attached. Thereafter, proceedings for the sale of the said attached property were initiated. However, for quite some time, the said property could not be sold in auction.

(3.) On 30.11.1982 the objectors-appellants filed an objection petition dated 29.11.1982 under Order 21 Rule 58 read with sections 47 and 151, Code of Civil Procedure, in the executing Court at Gurgaon, alleging that the land of the objectors had wrongly and illegally been attached and that the said attachment was liable to be removed and that the decree was a nullity and inexecutable on account of the various grounds detailed in paragraph 3 of the said objection petition. It was accordingly prayed that the objection petition be allowed, the land of the objectors be released from attachment and the execution application be dismissed. However, as the auction was fixed for 2.12.1982, the learned executing Court passed the order dated 2.12.1982 ordering that the auction of the attached property be not stayed and that the auction be held as, for more than two years, the objectors had been getting the execution proceedings delayed. It was further ordered that the said objection-petition would, however, remain pending and, in case the objectors are able to prove their objections, the sale would not be confirmed. Subsequently the attached property was sold in auction but the said action was set aside as the auction-purchaser had not deposited the auction money in time and the attached property was ordered to be auctioned again. Ultimately, the attached property was auctioned on 29.4.1983 in favour of the auction- purchaser Mahesh Kumar, respondent No. 2. The said auction had taken place for a sum of Rs. 22,000/-.