GULZARA SINGH Vs. PAL SINGH

JUDGEMENT

(1.) This revision petition has been filed against order dated 24.11.1981, vide which, objections filed by respondent Nos. 2 to 4, to the execution application of the petitioner were allowed.

(2.) It is apparent from the records that in execution, which we filed by the petitioner against respondent No. 1, for recovery of an amount of Rs. 10,790/-, land measuring 7 kanals 2 marlas, we attached. In their objections, it was stated by them that they had purchased the land, in dispute, vide sale deed dated 30.10.1979 for consideration of Rs. 35,000/- and the same has wrongly been attached. In reply, it was agitated by the petitioner that the sale was sham transaction. Accordingly, with a view to settle dispute between the parties, following issues were framed by the executing Court :-

(3.) After recording evidence and on appraisal thereof, execution Court came to a conclusion that the sale deed, in question, was a bona fide transaction, which was executed against consideration. It was further observed by the trial Court that the objectors/respondent Nos. 2 and 3 at the time of purchase of land, had no knowledge regarding pre-existing decree against respondent No. 1.