NARANJAN SINGH Vs. AMBA PARSAD & ANOTHER

JUDGEMENT

(1.) DECREE Holder -Naranjan Singh has filed this revision petition under Article 227 of the Constitution of India impugning judgment dated 13.05.2013 Annexure P -5 passed by the lower appellate Court. Petitioner -DH filed execution petition against respondent No. 2 -Pritam Singh Guleria -Judgment Debtor (JD) for execution of decree for recovery of money. In the execution petition, land measuring 5 marlas was attached. Respondent no. 1 -Amba Prasad filed objections Annexure P -2 against attachment of the said land alleging that he had purchased the said land from respondent no. 2 -JD vide sale deed dated 25.10.2005 i.e. before attachment thereof in the execution proceedings and the objector -respondent no. 1 is bonafide purchaser thereof and at the time of attachment, respondent no. 2 -JD was not owner thereof and so the said land is not liable to attachment.

(2.) DH by filing reply Annexure P -3 controverted the averments made by the objector and pleaded that the sale deed by JD in favour of objector is collusive and had been executed to frustrate the decree.

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