STATE BANK OF INDIA Vs. RAM LOK SOOD

JUDGEMENT

(1.) This objection petition under Order 21, Rule 58 of the Code of Civil Procedure has been filed by Verinder Kumar claiming that the property measuring 9 bighas 4 biswas situated in Village Kuleth, Sub -Tehsil Rajgarh, District Sirmur, bearing khasra No. 132/1 min was purchased by him in an auction and that the same is not liable to be attached and sold in execution of a decree obtained by the decree -holder (State Bank of India) against the judgment -debtor (Ram Lok Sood). It is alleged in this petition that judgment -debtor, Ram Lok, had raised on industrial loan of Rs. 4,500/ - from the State of Himachal Pradesh in the year, 1966, and that the said loan was recovered as arrears of land revenue by sale of the property of the judgment -debtor. The present objector gave the highest bid and the sale was confirmed in his favour by the Commissioner, with the result that a sale certificate was issued in his favour on 8th July, 1977. It is further stated that the decree -holder cannot seek the attachment and sale of the afore -mentioned land and the structure as also the orchard standing on the said land, as the objector (Verinder Kumar) is its absolute owner. It is also alleged that the objector is in possession of this property and has purchased this property free from all encumbrances. The petition was filed on 9th June, 1981.

(2.) A reply was filed by the decree -holder, alleging that this property was mortgaged with the decree -holder on 1st November, 1968 and 30th June, 1970, for a total amount of Rs. 50,000/ - along with interest. The decree -holder filed a suit for recovery of the amount with a prayer for the sale of the mortgaged property on 28th April, 1974. A preliminary decree was passed on 15th June, 1974, while a final decree was passed on 12th April, 1977. According to the decree -holder the loan advanced to judgment -debtor was a secured loan through a registered mortgage deed and, therefore, it cannot be said that the objector is the absolute owner of the property. It is also alleged that the objections are not maintainable and the same have been filed with great delay.

(3.) In support of the objections, the objector filed a certificate of sale, dated 8th July, 1977, issued by the Collector, Sirmur district, showing that the land measuring 9 bighas, 4 biswas of khasra No. 132/1 was sold in his favour. The objector also filed an affidavit in support of the allegations made by him wherein he had stated that the sale in his favour took place on 18th August, 1975, and that he made valuable improvements on the land.