JAGDISH SINGH Vs. HARPHOOL SINGH

JUDGEMENT

(1.) THIS is execution second appeal by objectors Jagdish Singh and Richhpal Singh having failed in both the courts below. Respondent No.1-decree holder (DH)-Harphool Singh has filed execution petition against respondent No.2-judgment debtor (JD)- Dalbir Singh for execution of judgment and decree passed in suit filed by DH against JD for specific performance of agreement to sell. Appellants filed objections in the execution petition alleging that pursuant to arbitration award dated 31.07.1994, objectors became mortgagees of one acre land out of the suit land for mortgage amount of Rs. 1,60,000/- which was payable by JD in six instalments of Rs. 26,670/- each commencing from 31.12.1994 but since the JD failed to pay the mortgage money, the objectors have become owners of the aforesaid one acre land.

(2.) DH filed reply and resisted the objections and pleaded that the objectors have no right, title or interest in the suit property except to receive the mortgage money of Rs. 1,60,000/- which the DH had already deposited in the Court. It was alleged that the objectors had only morgagee rights in the land in question and have no other right.

(3.) I have heard learned counsel for the appellants and perused the case file.