AMARJIT KAUR Vs. GURJANT SINGH

JUDGEMENT

(1.) Impugned in present revision is order dated 26.4.2017 (Annexure-P-1), passed by the learned Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Zira. Vide first order, the objection petition filed by JD, objecting to the attachment of her only residential house was dismissed. Vide second order dated 26.4.2017 (Annexure-P-2), passed by the learned Additional Civil Judge (Senior Division)-cum-Sub Divisional Judicial Magistrate, Zira, the sale warrants were issued.

(2.) I have heard the learned counsels for both the parties and have also carefully gone through the file.

(3.) It comes out that in a suit for specific performance regarding disputed house, the trial Court came to the conclusion that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house. Consequently, alternative relief for recovery of money was granted. Following relief was granted, vide order dated 26.11.2015 (Annexure-P-3) :-