- (1.) THIS is a petition under Article 226 of the Constitution It chapter of Consolidation dated 18th July. 1970 and that of the Settlement Officer (Consolidation) dated 3rd July 1963.
(2.) THE facts leading UD to this petition lie in a narrow campass. The disputed plot was. ad mittedly, the bhumidhari land of Gur bachan Singh. On 5th September. 1961. he entered into an agreement to trans fer the said plot to Sita Ram and others. respondents .Nos. 4 to 10. Sardar Banta Singh, the petitioner filed a suit No. 49 of 1961 in the court of the Civil Judge and during the pendency of the suit, he obtained, an order of attachment before judgment on 23rd November. 1961. A Commissioner was appointed the same day to attach the disputed plot. who complied with the order the same day.
(3.) IT appears that the very next, Gur Rachan Singh executed a sale deed in favour of respondents Nos. 4 to 10 puissant to the agreement dated 5th September. 1961. Eventually the peti tioner's suit was decreed against Gur bachan Singh on 23rd September. 1963. In execution of the decree, the disputed plot was put up for auction on 16th Au gust. 1964. The petitioner being the highest bidder, his bid was accepted and he himself purchased the plot at the suction and obtained formal possession on 31st May. 1965. In the meantime the vendees from Gurbachan Singh Sita Ram and others, got their names mutat ed pursuant to the sale deed in their favour.;