CHHOTO AND OTHERS Vs. MUKHTIAR SINGH AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been filed against the judgment and decree dated 9.1.1985 passed by the Additional District Judge, Bathinda dismissing the appeal of the appellants and respondents No. 4 and 5 against the judgment and decree dated 20.5.1982 passed by the trial court dismissing the suit of the plaintiffs-appellants.

(2.) The brief background of the case is that Mukand Singh, father of the plaintiffs was owner of more than 45 acres of land. On death of Mukand Singh, his entire land was mutated in the name of Harnam Kaur, his wife. Jugraj Singh-respondent filed suit No. 242 dated 14.9.1976 against Harnam Kaur for recovery of Rs. 15,900/- which was decreed on 10.1.1978. The decree holder filed an application for execution of the decree and in those proceedings, land measuring 102 kanals 17 marlas was attached and ultimately put to sale which was purchased in auction by Mukhtiar Singh-respondent for a sum of Rs, 72,000/-. Later, the sale was confirmed and sale certificate was issued in favour of Mukhtiar Singh on 28.11.1979 .

(3.) During pendency of the suit filed by Jugraj Singh against Smt. Harnam Kaur for recovery, Smt. Chhoto and others, daughters of Mukand Singh and Harnam Kaur instituted civil suit No. 256 dated 14.10.1976 which was decided on 22.2.1977 whereby Smt. Chhoto and others (plaintiffs therein) were declared to be owners to the extent of 5/6th share in land measuring 369 kanals 12 marlas including land measuring 102 kanals 17 marlas attached and sold in execution of decree passed in favour of Jugraj Singh. Smt. Chhoto and others filed the present civil suit on 14.6.1980 challenging the sale certificate dated 28.11.1979 issued by the court of Sub Judge Ist Class, Mansa primarily on the plea that they are owners in possession of 5/6th share in land measuring 102 kanals 17 marlas attached and sold in execution proceedings filed against Smt. Harnam Kaur by Jugraj Singh in whose favour the decree was passed for recovery of Rs. 15,900/- on 10.1.1978.