M.L. Singhal, J. - (1.) THIS is Execution Second Appeal by the State of Punjab against the order dated 10.2.1999 of Additional District Judge, Ludhiana, dismissing its appeal against the order of Addl. Civil Judge (Senior Division), Ludhiana, dated 28.10.1996, whereby he had dismissed its objections filed under Order 21 Rule 97, read with Section 151 of the Code of Civil Procedure (for short CPC).
(2.) SMT . Sanjogta widow, Kumari Shakuntla and Kumari Gulshan Bala, daughters of Lachhman Singh filed civil suit in the year 1968 against Respondent No. 5 with regard to House No. 626 -L, Model Town Ludhiana measuring 836 sq.yards. This property had been sold by Parbraham Singh to Lachhman Singh and Gurdai half and half. Gurdai died and her half share devolved upon Lachhman Singh in the year 1960. Lachhman Singh sold 405 sq.yards to Harbans Kaur out of House No. 626 -L through two sale -deeds dated June 1, 1961 and May 13, 1964. Lachhman Singh died in the year 1965 leaving behind Smt. Sanjogta wife and Kumari Shakuntla and Kumari Gulshan Balla, daughters as his legal representatives. The said suit was decreed on 17.1.1977 by Subordinate Judge Ist Class, Ludhiana. The operative portion of the decree reads as follows: In view of my findings on the above issues, the suit of Plaintiffs i.e. Smt. Sanjogta and her two daughter succeeds and the same is hereby decreed for a declaration to the effect that the Plaintiffs are the owner of properties Nos. 1 to 9 (except portion of property No. 1, purchased by Harbans Kaur from Lachhman Singh) described in schedule A annexed to the plaint and for possession of the residential Kothi No. 626 -L mentioned at Sr. No. 1 of schedule A Annexed to the plaint except the part of Kothi sold by Sh. Lachhman Singh to Harbans Kaur, by virtue of Plaintiffs right to inherit to the estate of Late Sh. Lachhman Singh as owner of the property. It is further directed that the Plaintiffs shall now be entitled to claim the refund of entire arrears of rent deposited by the tenants in respect of the properties in dispute and to realize future rents from them. The court fee shall be first charged on the property decreed, Copy of the decree sheet be sent to the Collector, Ludhiana for the realization of the court fee. Harbans Kaur filed appeal which was dismissed on January 17, 1984. The Regular Second Appeal was also dismissed on March 15, 1984. Special Leave Petition was dismissed by the apex Court.
(3.) IN execution proceedings instituted by Sanjogta, number of objections were filed by Harbans Kaur with a view to retain her possession over the said property but she failed.;