JAGROOP SINGH Vs. BORIA KHAN

JUDGEMENT

(1.) THIS is a revision petition directed against the order dated 10.4.2001 passed by the District Judge, Sangrur rejecting the preliminary objection of the auction -purchaser -petitioners concerning maintainability of the appeal against the order dated 16.8.1999 of the Civil Judge (Sr. Division), Sangrur. The Civil Judge has dismissed the objections of the objector -respondent No. 1 -Boria Khan by observing that he has failed to show and establish his position and therefore the objection petition filed under Order 21, Rule 97 of the Code of Civil Procedure (for brevity, the Code) was held to be not maintainable and the auction -purchaser -petitioners were held bona fide purchasers of the disputed land without any notice of the right of the objectors. The Civil Judge has considered the objection petition filed under Order 21, Rule 97 of the Code in considerable detail by framing as many as eight issues, recording evidence and then giving his findings.

(2.) AGGRIEVED by the order dated 16.8.1999 passed by the Civil Judge, objector -respondent No. l -Boria Khan filed an appeal before the District Judge, Sangrur. A preliminary objection was raised on the maintainability of the appeal and the same has been rejected by the district Judge by recording the following order: -

(3.) BRIEF facts of the case as unfolded in the revision petition are that on 27.7.1989, an agreement to sell was executed between decree -holder respondent No. 3 Mukhtiar Kaur and decree -holder -respondent No. 4 Sarabjit Kaur and Gurjit Singh judgment -debt -or -respondent No. 2 for selling the land measuring 25 bighas 11 biswas. A decree was passed for a sum of Rs. 1,14,000/ - in favour of decree -holder respondents 3 and 4 and in execution of that decree, land measuring 25 bighas 11 biswas of the judgment -debtor -rspondent No. 2 was attached. In a sale held on 2.9.1996 for execution of the decree, the land was sold to the auction -purchaser -petitioners 1 and 2 and auction -purchaser respondent No. 5. On the two applications of the auction purchasers, a sale certificate dated 1.3.1997 was also issued.