LAWS(P&H)-2012-10-400

CHARANJIV AND ANOTHER Vs. REET CHAHAHL AND OTHERS

Decided On October 31, 2012
CHARANJIV AND ANOTHER Appellant
V/S
REET CHAHAHL AND OTHERS Respondents

JUDGEMENT

(1.) Charanjiv and Digambar Pal Singh Objectors/petitioners filed objection petition in execution of the decree passed in Civil Suit titled Reet Chahal Versus Madan Lal and others decided on 9.9.1988. The said petitiion was dismissed, vide order dated 21.9.2012 passed by the Executing Court and the same is now under challenge.

(2.) The factual back ground of the case is that Reet Chahal had filed a suit for declaration to the effect that she is the owner of the land measuring 1 kanal 3 marla i.e. 23/458 share out of land measuring 22 kanal 12 marla, comprised in Khewat No. 1700, 1701, Khatauni No. 2717, Khasra No. 2139/1-3-4 min,which is recorded in the revenue record vide mutation No. 1361, vide jamabandi for the year 1981-81. The said suit was dismissed on 9.9.1988. Reet Chahal preferred Civil Appeal No. 437 dated 3.10.1988, before the Additional District Judge, Faridkot, who, vide judgment dated 7.10.1993, accepted the appeal, set aside the judgment dated 9.9.1988 and decreed the suit of the plaintiff-respondent No.1 Reet Chahal for declaration and possession of the suit land and cross objections preferred by the petitioners Madan Lal respondent No.2 were dismissed.

(3.) After warrants of possession were issued, the present objectorspetitioners filed objection petition, claiming that they had purchased the property under execution vide sale deed dated 3.7.1972. They are bonafide purchasers for value. The objectors were not in the notice of the suit.