RAMESH CHANDER Vs. SARABJIT SINGH

JUDGEMENT

(1.) This execution second appeal filed by the third party objector to assail the correctness of the concurrent orders passed by the Executing Court on 16/12/2021, which in appeal has been affirmed by the First Appellate Court. In substance, the appellant along with his brother filed objection petition claiming that their father purchased the suit property under the sale deed and they have inherited the property from their father. It was also claimed that there is a decree in their favour dtd. 1/8/2018 against the judgment debtor.

(2.) It was contested by the decree holder while highlighting that the judgment and decree passed on 1/8/2018 is collusive as the objectors filed the suit on 4/7/2018 and the decree on the basis of compromise was passed on 1/8/2018. It has also been submitted that the aforesaid civil suit was filed by the objectors after the decree for possession was passed by the trial Court against the judgment debtor, which in appeal was affirmed by the First Appellate Court.

(3.) The Executing Court on perusal of the revenue record found that 25 marlas of land is recorded to be owned by two persons namely Sh. Lalit Kapoor and Sh. Gurdit Singh. Late Sh. Sarabjit Singh is the son of Sh. Gurdit Singh. As per the facts of the case, Sh. Sarabjit Singh inherited 12 1/2 marlas property along with his brother Sh. Jagdish Singh who has sold property measuring little bit more than 6 marlas to the judgment debtor. A suit for possession was filed by the decree holder with respect to two sheds measuring 20' X 42' and 10' X 42'. The aforesaid suit was decreed on 04. 05.2015, which in appeal was affirmed by the First Appellate Court on 19/2/2016. The regular second appeal filed by the judgment debtor is pending, however, the interim order was vacated by the High Court on 11/3/2019.