BALDEV RAJ Vs. DINESH KUMAR

JUDGEMENT

(1.) RESPONDENT /objector filed objections against the judgment and decree on the plea that he had purchased the property in dispute from Judgment debtor Nathi Ram for valuable consideration as per sale deed dated 28.3.2002.

(2.) NATHI Ram Judgment Debtor had entered into an agreement of sale with the decree holder on 21.10.1999 for sale of the disputed property. The suit was decreed on the basis of compromise on 21.11.2003. In the execution petition the petitioner sought possession of the property in which the respondent/objector raised a plea that he was bona fide purchaser for consideration without notice. Learned Executing Court by placing reliance on the provisions of Section 52 of the Transfer of Property Act (for short the Act) summarily dismissed the objection petition by holding that subsequent vendee was bound by the decree.

(3.) MR . K.G. Chaudhary, learned counsel appearing on behalf of the petitioner has challenged the order passed by the learned appellate court on the contention that the judgment is without jurisdiction as no appeal was competent against the summary rejection of objections by a vendee who purchased the property during the pendency of the suit. In support of this contention, learned counsel appearing on behalf of the petitioner placed reliance on the judgment of Hon'ble Supreme Court in the case of Mohamed Masthan v. Society Congregation, Bros., S. Heart and Anr. 2006(2) RCR(Civil) 611, wherein Hon'ble Supreme Court was pleased to lay down as under :-