GRAM PANCHAYAT, CHAITRU Vs. RAJ NIWAS GUPTA

JUDGEMENT

(1.) Gram Panchayat, Chaitru, District Kangra through its Pradhan has filed the instant petition under Order 21, Rule 58, C. P. C. raising objections to the attachment of the property mentioned in the proclamation of sale in the main execution petition on the ground that the entire property is cot liable to attachment or sale and accordingly the warrants of attachment and sale be recalled.

(2.) The petition has been resisted and contested on the ground that the land in question has now vested in the State of Himachal Pradesh under the provisions of Himachal Pradesh Village Common Lands Act, 1974 and as such the petitioners have no locus standi to file the objections. On merits, it is stated that the properties are standing on khasra numbers 536, 537, 543, 545 and 546 as per entries in Khata Khatauni No. 104 -min/l92 -min and the same is liable to be sold as a permanent structure has been allowed to be raised thereupon and the same had been mortgaged with the decree -holder. On the pleadings of the parties, this Court vide order dated October 12, 1988, framed the following issues :

(3.) The parties were directed to adduce evidence by way of filing affidavits. The parties have complied with the direction.