JUDGEMENT
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(1.) By this common judgment, I am disposing of two cases i.e.
EFA No. 2 of 2009, titled KS Dhillon versus Punjab Financial Corporation
(PFC) and others and EFA No. 3 of 2009 titled Anju Sharma and Neeraj
Kumar versus PFC and others, as both these appeals have arisen out of
single order dated 31.8.2009 passed by learned Additional District Judge,
SAS Nagar, Mohali whereby separate objections preferred by appellants of
the two appeals have been dismissed.
(2.) PFC filed application under section 31 of the State Financial
Corporations Act (in short, the Act) against M/s Ved Sons Private Limited
Company (respondent no. 2 herein) and against Ved Pal Anand (not party to
the instant appeals). The said application was allowed by learned
Additional District Judge, Ropar vide order dated 28.10.1982 and recovery
of the amount claimed by PFC was ordered to be effected with interest
since 15.3.1978 till recovery along with incidental charges and
miscellaneous expenses by putting to sale moveable and immovable
properties mentioned in Annexure A to the mortgage deed. Ad-interim
injunction and attachment of the properties under mortgage was also
confirmed. Respondents in the said case i.e. Ved Sons Private Limited
Company and Ved Pal Anand were restrained from transferring or removing
the mortgaged/hypothecated properties.
(3.) PFC has filed execution petition for execution of aforesaid
order dated 28.10.1982. In the execution petition, KS Dhillon appellant
filed objections alleging that he has purchased 1 kanal 17 marlas land from
Avtar Singh and Inder Mohan Singh who had purchased the same from
original owners Maninder Kaur and Harinder Kaur through their attorney
Ved Pal Anand vide sale deeds dated 22.10.1991 and 14.11.1991 and
accordingly KS Dhillon objector claimed to be bonafide purchaser of the
said land measuring 1 kanal 17 marlas.;
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