SHIV CHARAN DASS Vs. SURAT SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the legal representatives of Shiv Charan Dass (defendant No. 1 in the suit) against part of the judgment and decree dated 18.8.1981, passed by Additional District Judge, Sonepat, whereby suit of Surat Singh (plaintiff No. 3) with regard to 20 kanals 16 marls of land out of 53 kanals 18 marlas of land has been decreed and he has been declared owner in possession of the said land, which has been held to be not liable to be attached and sold in execution of the decree passed in civil suit titled Shiv Charan Pass v. Parma Nand.

(2.) IN order to appreciate and adjudicate the points raised by Daya Kishan, one of the legal representatives of appellant Shiv Charan Dass, who has appeared in person, it will be appropriate to briefly state the facts of the case.

(3.) IT is mentioned here that initially, the suit land was attached on 19.3.1963 and at one point of time, the execution application filed by Lala Ram was dismissed as unsatisfied, vide order dated 22.5.1965 (Ex.D3). Subsequently, Parma Nand mortgaged 33 kanals 2 marlas of land in favour of plaintiffs No. 1 and 2 vide mortgage deed dated 28.7.1970. There was a condition in the mortgage that in case the mortgagor failed to redeem the mortgaged land within one year, then it will become absolute sale. Parma Nand did not pay the mortgage consideration within the stipulated period. Thereafter, an application was filed by plaintiffs No. 1 and 2 under Section 8 of the Regulation No. 7 of 1806 against Parma Nand in the court of District Judge, Rohtak and the said application was decided in their favour on 27.3.1973. Thereafter, defendant Shiv Charan Dass applied for execution of the money decree by getting the suit land sold on the allegation that it was attached on 19.3.1963 and the said attachment was still intact. The plaintiffs filed objections to the said application praying that the suit land be not sold in execution of the decree. Their objections were dismissed by the Executing Court vide order dated 25.1.1975 (Ex. P8).