JASBIR SINGH Vs. SUBE SINGH

JUDGEMENT

(1.) OBJECTORS Jasbir Singh and Smt. Prabha Rao, having failed in both the courts below, have filed the instant Execution Second Appeal.

(2.) SUIT filed by Sube Singh-respondent no.1 against Bhagat Sighrespondent no.2 was decreed vide judgment and decree dated 11.12.2002 regarding the suit land. Respondent no.1 filed execution petition against respondent no.2. Appellants herein filed objections in the said execution petition alleging that appellant no.1 had purchased 08 kanals land from judgment debtor-respondent no.2 vide sale deed dated 07.05.004 and appellant no.2 had purchased 08 kanals land from judgment debtor respondent no.2 vide sale deed dated 24.06.2004. Accordingly, the appellants claimed to be owners in possession thereof.

(3.) LEARNED Executing Court i.e. learned Civil Judge (Senior Division), Rewari, vide detailed impugned order dated 29.10.2011, dismissed the objections. First appeal preferred by the Objectors has also been dismissed by learned Additional District Judge, Rewari, vide impugned judgment dated 17.12.2011. Feeling aggrieved, Objectors have filed the instant second appeal. I have heard learned counsel for the appellants and perused the case file. Decree in favour of respondent no.1 against respondent no.2 was passed on 11.12.2002. Objectors/appellants purchased the suit land from judgment debtor-respondent no.2 much thereafter vide sale deeds dated 07.05.2004 and 24.06.2004 and consequently, sales in favour of appellants are barred by principle of lis pendens contained in Section 52 of the Transfer of Property Act. Consequently, Objectors/appellants cannot resist the execution petition. On the other hand, Objectors/appellants, having stepped into the shoes of judgment-debtor respondent no.2, are also bound by the impugned decree, sought to be executed.