CHAIN SINGH Vs. MOHAR SINGH

JUDGEMENT

(1.) CM No. 841 VCII/99.

(2.) Vide order dated 24.5.1993, learned Additional Senior Sub Judge, Nakodar, dismissed the objections filed by the objector under Section 47 of the Code of Civil procedure. Aggrieved from the said order, the present petitioner (objector before the executing Court) has filed this revision. The objector has claimed that he had purchased land measuring about 7 kanals 4 marlas forming part of khasra No. 23/2/2" (7K-4M) situated in village Angi Keri, Tehsil Nakodar, from Smt. Krishna Wanti vide registered sale deed dated 13.10.1986. He further claimed that he was in possession of the land being owner thereof and thus he cannot be dispossessed in execution proceedings. The objections were contested by the decree holder as to the maintainability of the objections as well as on merits. The alleged sale being after the date of the decree, is ineffective and the objections filed by the objector were malafide.

(3.) Learned counsel appearing for the petitioner contended that the learned execution court ought to have framed issues and could dismiss the objections only after permitting the parties to lead their evidence, he further contended that he could raise such pleas and objections only by filing the objections and not by instituting a fresh suit and all questions were required to be decided as per the scope of Rule 101 of Order 21 of the Code of Civil Procedure. For this purpose, he placed reliance upon the judgment of this Court in the case of Jeet Singh and Ors. v. Mohan Singh Ors., (1990-2)98 P.L.R. 466. On the other hand, learned counsel appearing for the respondents (decree holders) relied upon the judgment of this Court in the case of Usha Devi v. Parshadi Lal and Anr., (1998-3)120 P.L.R. 692 to contend that the objections could be dismissed summarily being frivolous. He further contended that there was no legally acceptable right to the decree holder founded on principles of lis pendens.