SAT PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India praying for quashing of order dated 30.06.2011 (Annexure P-8) passed by Financial Commissioner, Haryana whereby the revision filed by Vijay Singh-respondent No.3 has been accepted.

(2.) Brief facts of the case are that respondent No.4-Gurkirat Kaur filed suit under Section 77 of Punjab Tenancy Act for recovery of Rs.44218/- against respondent No.3- Vijay Singh. The said suit was decreed on 19.09.1994 by Assistant Collector Ist Grade, Thanesar in favour of Gurkirat Kaur against respondent No.3-Vijay Singh for a sum of Rs.44218/-. The appeal and revision filed by Respondent No.3-Vijay Singh against the judgment and decree dated 19.09.1994 have been dismissed by the Collector and Divisional Commissioner, vide order dated 19.04.1995 and 10.10.1995 respectively. Meanwhile, the Assistant Collector Ist Grade, Thanesar in execution proceedings attached the property of respondent No.3-Vijay Singh vide order dated 11.06.1995. Finally the land of Vijay Singh-judgment debtor was put on auction on 06.12.1996. Petitioner participated in the auction and purchased the said land in auction being the highest bidder, for a sale consideration of Rs.1,84,000/-. The sale was confirmed on 13.01.1997 and thereafter issued a sale certificate to petitioner-Sat Parkash. The possession of the land was delivered to the petitioner on 21.01.1997.

(3.) In the meantime the revision preferred by respondent No.3-Vijay Kumar was accepted by the Financial Commissioner vide order dated 21.10.1998 and the earlier orders passed by the Assistant Collector Ist Grade, Collector and Commissioner were set aside and case was remanded to Assistant Collector IInd Grade for fresh decision, however recovery of mesne profits was limited up to three years. Thereafter a decree for sum of Rs.14,054/- was passed by the Assistant Collector IInd Grade. Respondent No.3-Vijay Kumar moved an application under Section 144 of the Code of Civil Procedure for restitution of the property before the executing Court.