FATEH SINGH Vs. SHEELA DEVI AND OTHERS

JUDGEMENT

(1.) PLAINTIFF Fateh Singh having lost in both the courts below has filed this second appeal. Plaintiff -appellant filed suit against Raj Kumar -defendant (since deceased and represented by respondents as his legal representatives). Decree for recovery of money was passed in a previous suit in favour of Raj Kumar against Fateh Singh present plaintiff -appellant. In execution of said money decree, land of the appellant herein was sold by auction. Sale became final and was confirmed by the executing Court. Sale certificate regarding 20 Kanals land was issued in favour of Raj Kumar (decree holder/auction purchaser).

(2.) IN the instant suit, the plaintiff -appellant alleged that he had 2/7th share in 196 Kanals 8 Marlas land out of which 1/7th share of 196 Kanals 8 Marlas land was attached. However, auction sale was held regarding 1/7th share of 20 Kanals land, but sale certificate has been issued regarding 20 Kanals land. The plaintiff accordingly sought declaration that he is owner in possession of 20 Kanals land to the extent of his 2/7the share and the auction sale dated 23.02.2002 is wrong and illegal and sale certificate is valid for only 1/7th share of 20 Kanals land and the said sale certificate dated 31.05.2002 regarding entire 20 Kanals land is wrong and illegal.

(3.) LEARNED Civil Judge (Junior Division), Budhlada vide judgment and decree dated 15.12.2010 dismissed the plaintiff's suit. First appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Mansa vide judgment and decree dated 24.01.2012. Feeling aggrieved, plaintiff has filed this second appeal.