Decided on May 02,1997

K.S GATHANIA Appellant
KALAN DEVI Respondents


P.K.PALI,J. - (1.)This revision petition is directed against the order passed by the learned trial Court rejecting the objections filed by the petitioner.
(2.)She had initiated the proceedings against her husband under Section 28 of the Hindu Adoption and Maintenance Act and was successful in securing a decree in her favour on 14 -2 -1986. A suit was filed by her thereafter for declaration and injunction for the purposes of creating charge on the property of Maan Chand in lieu of the maintenance which stood granted to her in the proceedings referred to above. The suit was ordered to be decreed and the land in question was ordered to be attached.
(3.)The husband i.e. Maan Chand entered into an agreement of sale in respect of the property in question with the present petitioner K. S. Gathania. As the maintenance was not being paid by the husband to the wife, she filed execution proceedings and the petitioner in those proceedings filed objections that he was in possession of the property in pursuance to the agreement of sale was and was entitled to the protection under Section 53 -A of the Transfer of Property Act. A further objection was raised by him that the decree obtained by the wife was for declaration simplicitor and the learned executing Court had no right and authority to issue warrants of possession in the given situation. The petitioner also objected that the execution could not be maintained against him as he was not a party to the suit (sic) between the wife and the husband.

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