KANHAIYALAL Vs. PUSPHA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27-8-1999 passed by the learned Dist. Judge, Udaipur in execution application rejecting the objection filed by the applicant Kanhaiya Lal under order 22 Rule 99 and 100 read with Section 151 C. P. C.

(2.) THE present appellant-objector before the learned Executing Court filed the said application under Order 21 Rule 99 in execution of decree of specific performance held by the decree holder Smt. Pushpa against the respondent No. 2 Smt. Mohini devi on the ground that the land in question, namely, plot No. 515 was sold by the decree holder Smt. Pushpa Devi on 26-12-1998 to one Smt. Shobha Jain and Basant kumar for a sum of Rs. 40,000/- and said smt. Shobha Jain and Basant Kumar on 1-3-1994 sold the said plot to the present appellant Kanhaiya Lal and also handed over the possession of the said plot to him. The suit filed by Pushpa Devi, namely, Civil Suit no. 170/1992 on 28-3-1992 was decreed on 13-8-1903. The appellant has further stated that the decree holder Pushpa Devi after getting the decree of specific performance executed against the defendant Mohini Devi obtained possession of the suit property on 22-10-1994 and sold the same to one Sanjay murdia on 25-10-1994. The appellant, therefore, contended that since the suit property was already sold to him on 1-3-1994 and he was put into possession, he could not be dispossessed in execution of the said decree by the decree holder Smt. Pushpa Devi and accordingly, he filed the said application under Order 21 Rule 99 C. P. C.

(3.) THAT the learned Dist. Judge has rejected the said application. Being aggrieved by the same, the appellant has approached this Court by way of present appeal.