High Court Punjab-Haryana High Court

Joginder Singh vs Puran Chand & Another on 10 September, 2009

Punjab-Haryana High Court
Joginder Singh vs Puran Chand & Another on 10 September, 2009
C.R. No. 1863 of 2008                                                          1




IN THE PUNJAB AND HARYANA HIGH COURT AT
              CHANDIGARH

                               C.R. No. 1863 of 2008 (O&M)
                               Date of Decision : 10.9.2009

Joginder Singh
                                                            .......... Petitioner
                               Versus

Puran Chand & another
                                                           ...... Respondents

CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA

Present :   Mr. Sandeep Khunger, Advocate
            for the petitioner.

            Mr. Sandeep Jasuja, Advocate
            for respondent No.1.

            Mr. Marigank Sharma, Advocate
            for respondent No.2.

                  ****

VINOD K. SHARMA, J. (ORAL)

This civil revision is directed against the order dated 2.2.2008,

passed by the learned Addl. Civil Judge ( Sr. Divn.), Jalalabad vide which

the objections filed by the petitioner to execution of decree have been

summarily dismissed.

The decree-holder filed a suit for specific performance of an

agreement to sell, said to have been executed by Balbir Kaur widow of Sh.

Partap Singh son of Bagha Singh. In the agreement property (shop ) No.

609/1 measuring 8’x16′ situated in Abadi Gali Machhi Ram Halwai Wali,

Jalalabad, was agreed to be sold.

C.R. No. 1863 of 2008 2

In the execution application, the petitioner herein filed

objections claiming himself to be owner in possession of the shop in dispute

by asserting therein that Smt. Balbir Kaur had no right or interest in the

shop in dispute, as her husband Partap Singh during his life time had sold

two shops falling to his share. The objections were contested on the plea

that, it was merely an attempt to delay the execution proceedings.

The learned Executing Court summarily rejected the objections

filed by the petitioner.

The learned counsel for the petitioner contends that the

impugned order cannot be sustained. Sh. Bagha Singh owned six shops,

which were inherited by his three sons namely Joginder Singh, Partap Singh

and Mohinder Singh in equal share.

It is also the contention of the learned counsel for the petitioner

that, prima facie Balbir Kaur had no right in the property as Partap Singh

during his life time had sold two shops. These facts were disputed. Once it

is clear that the petitioner was claiming his right as third party by raising

objections, the learned executing Court was not right in rejecting the

objections summarily. The objections were to be treated as a suit. The issues

were required to be framed, and the parties were to be permitted to lead

evidence in support of their claims.

The revision is accordingly allowed, the impugned order is set

aside. The case is remanded back to the learned Executing Court to dispose

of the objections after framing the issues and allowing the parties to lead

evidence in support of their respective stands.

C.R. No. 1863 of 2008 3

The parties through their counsel are directed to appear before

the learned Executing Court on 15.10.2009.

10.9.2009                                     ( VINOD K. SHARMA )
  'sp'                                             JUDGE