UMA RANI Vs. BALWINDER SINGH

JUDGEMENT

(1.) Petitioner is a Judgment Debtor before the executing Court.

(2.) The respondent/Decree Holder and one Jetha Nand filed a suit for specific performance of agreement to sell dated 12.4.2002, that was allegedly executed by the petitioner in their favour. The petitioner described this agreement to sell as illegal, null and void and as a result of fraud. The pleas of the petitioner were not accepted and the suit was decreed against her (petitioner).

(3.) An execution application was filed by the respondent/Decree Holder against the present petitioner in the Court of Additional Civil Judge (Senior Division), Gidderbaha. During the pendency of this execution application, the petitioner, herein, filed a transfer application before the District Judge, Sri Muktsar Sahib, on the grounds that she and one Poonam Devi are the owners in joint possession of the suit property; the respondent/Decree Holder and Jetha Nand are indulging in sale and purchase of property; the petitioner was not heard at any stage; the trial Court did not frame any issue qua the alternate relief of double the amount and she challenged the alleged agreement by filing a suit for declaration and permanent injunction. Objections were also filed by the petitioner before the executing Court below, that were dismissed. Appeal against the dismissal of the objections was filed before the Additional District Judge, Sri Muktsar Sahib.