KARNAIL SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) 1. This petition filed under Article 227 of the Constitution read with section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the code') prays for setting aside Order dated 21. 10. 2004 (Annexure P12)passed by the Additional Civil Judge (Senior Division), Zira dismissing an objection petition filed by the judgment-debtorspetitioners in Execution Proceedings Case No. 103/8/24. 10. 2001/14. 12. 2002.

(2.) FACTS in brief are that one Hansa Singh judgment-debtorrespondent 2 (for brevity, JD-respondent 2') purchased land measuring 49 kanals 7 marlas fully described in paragraph 1 of the petition on 25. 11. 1966. A sale certificate was issued in his favour by tehsildar-Mahal-cum-Sales, Zira on 18. 11. 1985 (Annexure P-1 ). On 2. 11. 1973 Hansa Singh JD-respondent 2 agreed to sell the aforementioned land including some other land to Balwinder Kaur decree-holder-respondent 1 (for brevity, 'dh-respondent 1') for a consideration of Rs. 20,000/- and executed an agreement to sell. A sum of Rs. 9,000/-was paid as earnest money. The sale deed was to be executed on or before 12. 12. 1973.

(3.) BALWINDER Kaur DH-respondent 1 filed a suit bearing No. 46/1/1974 on 2. 2. 1974 for specific performance of agreement to sell against JD-respondent 2 and others which was decreed in her favour by the trial court on 15. 12. 1976 (Annexure P-2 ). The afore mentioned decree was set aside by the, learned District Judge, Ferozepur by dismissing her suit on 3. 5. 1979 (Annexure P-3 ). However, in a Regular Second appeal No. 2191 of 1979, this Court allowed the appeal on 27. 5. 1997 by setting aside the judgment and decree of the learned District Judge passed on 3. 5. 1979. JD-respondent 2 was directed to execute the sale deed in respect of 49 kanals 7 marlas of land on payment of remaining amount and on his failing to do so, DH-respondent 1 was at liberty to get the sale deed executed through the Court. A copy of the judgment dated 27. 5. 1997 passed by this Court has been placed on record as annexure P-4. The judgment debtors-petitioners (for brevity, 'jdpetitioners')including Maluk Singh and others who are sons of Angrez singh filed an application before the Tehsildar Sales that Hansa Singh jd-respondent 2 was debarred from entering into any agreement of sale in respect of the suit land before the expiry of 20 years from the date of purchase under the Punjab Package Deal Properties (Disposal)Act, 1976 (for brevity 'the Act') (and the Punjab Package Deal properties (Disposal) Rules, 1976. The sale could also not be made to a non-Harijan. On 1. 6. 2000, the Tehsildar after due enquiry has cancelled the allotment/sale in favour of JD-respondent 1 and the amount of sale deposited by him has been forfeited. The area is said to have been vested in favour of the Government (Annexure P-5 ). The appeal has been dismissed by the Sales Commissioner, Zira on 27. 3. 2002 (Annexure P-6) and a further revision petition filed before the Chief Sales Commissioner, Ferozepur has also been dismissed on 6. 10. 2003.