KEWAL SINGH Vs. GURJANT SINGH

JUDGEMENT

(1.) In both the aforesaid appeals points for discussion are the same; the parties are also the same, further the facts from which these appeals arise are the same and, therefore, these appeals were heard together and are being disposed of by this common judgment.

(2.) The facts of the case are that respondent No. 3 Nahar Singh executed an agreement to sell on 22-9-82 in favour of respondents Nos. 1 and 2. Respondent No. 3 had received a sum of Rs. 50,000/- from respondents Nos. 1 and 3 as earnest money. On 28-2-1983, respondent No. 3 suffered a decree in favour of the appellant in civil suit No. 50 of 1983. Respondents No. 1 and 2 had filed civil suit No. 136 of 1983 against respondent No. 3 and the appellant with a prayer of specific performance of the agreement and in the alternative return of Rs. 50,000/- as principal amount and that the decree suffered by respondent No. 3 was not binding on respondents No. 1 and2. Learned Sub Judge I Class, Mansa decreed the suit in favour of respondents No. 1 and 2 for the recovery of Rs. 75,000/- along with proportionate costs. Respondents No. 1 and 2 felt satisfied with the decree and did not appeal over the same. Issue No. 5 amongst the issues framed in the suit was as under :

(3.) The matter would have rested there so far the land in question was concerned. Respondents Nos. 1 and 2 filed execution petition for executing the decree in the above mentioned suit No. 136 of 1983. In the execution proceedings, the land in question (same land) was attached. The appellant filed objections to the attachment on 12-6-86. The learned Sub Judge I Class accepted the objection petition. This led to the filing of civil suit No. 48 of 1990 by present respondents Nos. 1 and 2.