AMARJIT SINGH Vs. IQBAL KAUR

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 28/9/2018 passed by the Addl. Civil Judge (Sr. Divn.) Ludhiana vide which the objections filed by the petitioner before the executing Court were dismissed.

(2.) Petitioner (judgment debtor) and the respondent (decree holder) are related to each other. Respondent is sister- in-law of the petitioner and was married to the brother of petitioner. Respondent filed a suit for possession and permanent injunction claiming herself to be owner of Shop No.6 measuring 44 sq. yards situated at village Gill-II Dugri Road comprised in Khasra No.57/3, 58/3 Khata No.2105/2901, Tehsil and District Ludhiana on the basis of sale deed dtd. 20/11/1990 executed by its previous owner namely Saudagar Singh. The property was duly mutated in the name of the present respondent. Petitioner/defendant was asked to look after the property. It was alleged that petitioner got installed electricity connection without the consent of the plaintiff/respondent. When the plaintiff/respondent intended to sell the shop, defendant/petitioner put himself in possession by opening the locks of the plaintiffs. Plaintiff/respondent was living in Delhi and her husband was not keeping well. Allegations of mischief were made against the defendant/petitioner.

(3.) The suit was decreed by the Addl. Civil Judge (Sr. Divn.) Ludhiana vide judgment and decree dtd. 23/2/2016. An appeal was preferred by the defendant/petitioner and the same was dismissed by the lower Appellate Court vide judgment and decree dtd. 28/3/2017. No further appeal was filed by the defendant/petitioner and the judgment and decree passed by the Courts below had attained finality. Petitioner also filed a suit for partition and possession of the Flat No.561, Nimri Colony, Ashok Vihar, Phase IV, Delhi claiming 1/4th share in the property.