AMARJIT KAUR Vs. JATINDER SHARMA

JUDGEMENT

(1.) THIS case has a chequered history. On 5. 5. 1965 Mukund Singh agreed to sell his land to one Dev Raj (whose LRs are the respondents in this case) for Rs. 35,000.00 and received Rs. 10,000/as earnest money and the balance Rs. 25,000.00 was left to be paid. Out of the balance amount, Rs. 2800.00 were to be left with the vendee for payment to the prior mortgagee and the balance amount was to be paid before the Sub Registrar at the time of the registration of the sale deed. The sale was to be executed within, one year.

(2.) BEFORE the sale deed in terms of the above mentioned agreement to sell dated 5. 5. 1965 could be executed, Mukund Singh sold his land to one Bant Kaur (whose daughters are the petitioners in the present petition) by a registered sale deed. Said Bant Kaur was the wife of Jang Singh, a collateral of Mukund Singh and a co-sharer with him. When Dev Raj and his brother came to know about the aforesaid sale, they filed a suit for specific performance of contract against Mukund Singh, Bant Kaur and her husband Jang Singh. It was pleaded that Bant Kaur was a benami and in fact the property was sought to be transferred to Jang Singh which was fictitious and without any consideration. The trial Court decreed the suit of specific performance filed by Dev Raj and his brother vide judgment and decree dated 22. 3. 1968. The aforesaid judgment and decree dated 223. 1968 was challenged by Smt. Bant Kaur, her husband Jang Singh and Mukund Singh in RFA No. 88 of 1968. The said RFA was dismissed by this Court vide judgment dated 18. 8. 1982. The facts mentioned hereinabove have been taken from the court records of said RFA.

(3.) AFTER the dismissal of the appeal of Bant Kaur by the Supreme Court, the LRs. of Decree Holder Dev Raj revived the execution proceedings in March, 1996. In the execution proceedings, petitions Amarjit Kaur and Karamjit Kaur who are the ' daughters of Bant Kaur and also claimed to be the LRs of their father, Jang Singh and Gajjan Singh (who was the brother of Jang Singh) and Dulla Singh, filed objections. In the objection petition they took the plea that before executing the agreement to sell dated 5. 5. 1965, Mukand Singh had mortgaged with possession 29 Kanal 12 Marias with Jang Singh, 37 Kanal 4 Marias with Gajjan Singh about 40 years ago. It was pleaded that since Mukand Singh failed to get the property redeemed from the mortgagees, the objectors had become owners in possession of the suit land. The objectors petition of the objections was, however, dismissed by the learned Civil Judge, Senior Division, Sangrur vide his order dated 7. 11. 1997. The aforesaid order passed by the learned Civil Judge, Senior Division; Sangrur has been challenged by the objectors in this petition.