SHINGARA SINGH Vs. KISHAN SINGH ALIAS KRISHAN SINGH

JUDGEMENT

(1.) THE contour of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner -plaintiff -decree holder Shingara Singh son of Roor Singh (for brevity "the DH"), had instituted the civil suit, for a decree of possession by way of specific performance of the agreement to sell dated 22.12.1994 against respondent No.1 -defendant -judgment debtor Kishan Singh alias Krishan Singh son of Mangal Singh (for short "the JD"). The JD did not contest the suit. The trial Court passed the ex parte judgment & decree dated 30.9.2000 (Annexure P1) in favour of the DH. He moved an application (Annexure P2) for delivery of possession.

(2.) AS soon as, respondent No.2 -objector Baldev Singh son of Lakha Singh (in short "the objector") came to know about the ex parte decree, then, he filed the objection petition (Annexure P3) to the execution of the ex parte decree, inter -alia, pleading that the DH has obtained the decree by committing the fraud and concealing the real facts from the Court and with the connivance of JD at his back. According to objector that he was in possession over the land in litigation, much prior to the alleged agreement to sell dated 22.12.1994 as owner/vendee. He had already purchased the disputed land from Smt. Balwinder Kaur d/o Mangal Singh, vide registered sale deed dated 12.5.1992 for valuable consideration and she had delivered its actual possession to him. The DH contested the claim of objector. The executing Court framed the issues arising out of the pleadings and the parties have brought on record their respective evidence.

(3.) TAKING into consideration the evidence on record, the executing Court accepted the objection petition (Annexure P3) of the objector and consigned the execution petition of DH, by way of impugned order dated 28.5.2012 (Annexure P5).