Laxmi Narain Mittal, J. - (1.) PLAINTIFF Fateh Singh having lost in both the courts below has filed this second appeal. Plaintiff -appellant filed suit against Raj Kumar -defendant (since deceased and represented by respondents as his legal representatives). Decree for recovery of money was passed in a previous suit in favour of Raj Kumar against Fateh Singh present plaintiff -appellant. In execution of said money decree, land of the appellant herein was sold by auction. Sale became final and was confirmed by the executing Court. Sale certificate regarding 20 Kanals land was issued in favour of Raj Kumar (decree holder/auction purchaser).
(2.) IN the instant suit, the plaintiff -appellant alleged that he had 2/7th share in 196 Kanals 8 Marlas land out of which 1/7th share of 196 Kanals 8 Marlas land was attached. However, auction sale was held regarding 1/7th share of 20 Kanals land, but sale certificate has been issued regarding 20 Kanals land. The plaintiff accordingly sought declaration that he is owner in possession of 20 Kanals land to the extent of his 2/7the share and the auction sale dated 23.02.2002 is wrong and illegal and sale certificate is valid for only 1/7th share of 20 Kanals land and the said sale certificate dated 31.05.2002 regarding entire 20 Kanals land is wrong and illegal. The defendants resisted the suit and controverted the plaintiff's averments. The defendants admitted that 1/7th share of 196 Kanals 8 marlas land was attached in execution proceedings. Plaintiff herein (judgment debtor in the previous case) was in exclusive possession of 20 Kanals land which was put to auction in lieu of his share in the total land. The said suit land measuring 20 Kanals was of inferior quality and nobody was ready to bid at the auction which was conducted many times. Ultimately defendant who was decree holder in that case sought permission from the executing Court to bid at the auction and purchased the suit land being highest bidder. The sale stands confirmed and sale certificate has been issued. The defendant defended the auction sale as well as the sale certificate as legal and valid.
(3.) LEARNED Civil Judge (Junior Division), Budhlada vide judgment and decree dated 15.12.2010 dismissed the plaintiff's suit. First appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Mansa vide judgment and decree dated 24.01.2012. Feeling aggrieved, plaintiff has filed this second appeal.;