BIKRAM SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) THE revision petitioner is the objector who is none else but son of the judgment debtor. This revision petition is against the order whereby his objections to the execution of the decree for specific performance of the agreement passed against his father were dismissed.

(2.) THE petitioner has filed objections to the effect that the disputed house is a joint Hindu family and coparcenary property and he along with his family members is residing in the said house for the last more than 15 years. He was never made a party to the suit, the decree of which is being executed by the decree holder. It was the case of the objector that he has legal right to remain in possession of the disputed house.

(3.) BEFORE this Court, the petitioner has submitted that the objections filed by the petitioner should not have been dismissed in summary manner without giving an opportunity to the petitioner to produce evidence in support of the averments made in the objection petition. He has relied upon a judgment of this Court in Baljit Singh v. Balkar Singh and others, 2001(1) RCR(Civil) 180 (P&H) : (2001-2)128 P.L.R. 315 and a judgment of Supreme Court in N.S.S. Narayana Sarma and others v. M/s Goldstone Exports (P) Ltd. and others, 2002(1) RCR(Civil) 752 (SC) : (2002-3)132 P.L.R. 552.