BUTA SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS Execution Second appeal has been filed against the judgment passed by the learned Executing Court as affirmed by the learned District Judge, Ludhiana dismissing the objections filed by the appellant against the attachment and sale of his residential house situated at Samrala.

(2.) THE respondent decree holder obtained a decree against the appellant on 5.12.1980 for the recovery of Rs. 6000/- with costs. Execution application was filed for the recovery of amount under the decree from the judgment debtor and the house of the judgment debtor situated at Samrala was attached. Attachment order was passed on 11.12.1981 and notice under Order 21 Rule 66 of the Code of Civil Procedure (for short the Code) was served upon the judgment debtor and it was ordered that the attached house be sold through auction.

(3.) IN the reply filed, the decree holder took a plea that the judgment debtor has rented out the said house and that it has also been mortgaged with one Ram Kishan. He also denied that the judgment debtor has been residing in the said house as according to the decree holder judgment debtor has been residing at village Bet Sensowal Kalan where he has purchased house and land. Receipt of Rs. 6000/- was denied by the decree holder and the receipt produced by the judgment debtor was claimed to be forged document.