UNITED COMMERCIAL BANK DH Vs. RAMESHWAR SAINI

JUDGEMENT

(1.) This petition under Section 47 of the Code of Civil Procedure (hereafter referred to as the Code) has been preferred by the Judgment Debtor objectors (hereafter referred to as the objectors) claiming therein that the land attached and ordered to be sold in Execution Petition No. 46 of 1998 has not been inherited by them from Rameshwar Nath Sharma, the deceased Judgment Debtor, but it was a mortgaged property and has been redeemed by them and that the house situate on the land in dispute is the only residence owned by the applicants, therefore, the orders of sale of the suit property may be recalled and the execution petition against the objectors may be dismissed.

(2.) The respondent decree holder (hereafter referred to as the DH) contested the petition and averred in its reply that the deceased JD was the owner in possession of the land and buildings attached in execution of the decree in its favour and that the mere redemption of the mortgage by the object in fact does not have any bearing on the liability of the said property to be sold and being the legal representatives of the deceased judgment debtor, the objectors are liable to pay the debt of their father.

(3.) I have heard the learned Counsel for the parties and have perused the material placed on record.