SURJIT SINGH Vs. JASMEL KAUR

JUDGEMENT

(1.) THE petitioner challenges the order dated 14.6.2006 passed by the learned Additional District Judge, Barnala vide which appeal against the order of the learned trial court was allowed and the objections to the execution of the decree were ordered to be dismissed.

(2.) THE decree holder in order to execute the money decree got attached the land in question. The petitioner filed objection to the execution of the decree on the plea that he is owner in possession of the land measuring 15 Kanals 17 Marlas on the basis of registered sale deeds dated 28.2.2001 and 2.3.2001. He further claimed that he was bona fide purchaser of the land for consideration and therefore, the decree holder had no right or concern to get the land attached.

(3.) LEARNED lower appellate court observed that the land purchased by the petitioner objector was attached on 3.2.2001, whereas the land is said to have been purchased by the objector petitioner on 28.2.2001 and 2.3.2001. The lower appellate court observed that the sale deed set up by the objector was void ab initio and was hit by the doctrine of lis pendens. Learned lower appellate court observed that the plea of bona fide purchaser was not available to the objector petitioner on the principal of lis pendens.