LAKHWINDER KAUR Vs. JARNAIL SINGH

JUDGEMENT

(1.) This order shall dispose of C.R. Nos. 6111, 6112 and 6113 of 2002 as all the three revision petitions arise out of same facts i.e. out of execution of judgment and decree in a suit for possession by redemption of land measuring 46 kanals. The objections filed by the petitioners under Order 21 Rule 97 of the Code of Civil Procedure (hereinafter referred to as the Code) were accepted by the learned Executing Court. However, in appeal the same have been dismissed. Still aggrieved, the objectors are in revision petition.

(2.) One Gurbachan Singh since deceased (hereinafter referred to as the decree holder) effected an usufructory mortgage of land measuring 54 kanals 2 marlas in favour of Mohinder Singh and Dalwinder Singh for a sum of Rs. 20,000/-. The decree holders has sold 8 kanals 6 marlas of land to different vendees who have paid proportionate amount of mortgage i.e. Rs. 5000/- to mortgagees and Rs. 15,000/- remained as a mortgage amount payable to the mortgagees for redeeming the remaining 46 kanals of land. The decree holders filed a suit for possession by way of redemption on 18.9.1980 which was partly decreed on 25.3.1983 vide Ex.DH/5. The appeal filed by decree holders was allowed on 23.7.1986 vide Ex.DH/9 and decree for possession by way of redemption of entire 46 kanals of land was granted.

(3.) The decree holders filed a separate suit challenging the exchange deed dated 30.1.1980 allegedly executed between Ajaib Singh and the decree holders in respect of 12 kanals of land out of the suit land with the land of Ajaib Singh situated in village Kalsian Kalan Tehsil Patti District Amritsar. The suit was filed when decree holders came to know about the mutation entered on 20.8.1981. The decree holders contested the mutation and after contest mutation was rejected on 9.12.1982. In a suit for declaration to challenge the exchange land comprised in khasra Nos. 2237 and 2264, the trial Court dismissed such suit on 22.8.1984 but the appeal filed by decree holders was accepted on 25.11.1986 (Ex.DH/7). The exchange deed dated 30.1.1980 was found to be a fabricated and forged document. R.S.A. No. 701 of 1987 was dismissed by this Court on 14.1.1988.