- (1.) This Regular Second Appeal is directed against the order passed by the learned Additional District Judge, Amritsar dated December 15, 1992 affirming on appeal the order of the Additional Senior Sub Judge, Amritsar dated July 16, 1991, dismissing the objections filed by the appellant.
(2.) Facts : 2.1. Subordinate Judge, Amritsar passed a decree for recovery of Rs. 4,52,858.47 Paise with costs and future interest at the rate of 18-1/2% per annum on November 30, 1981 in favour of M/s Grindlay Bank Amritsar, and against M/s Dharam Chand Bhagat Ram and others. The decree holder took out execution on September 24, 1982. The shop bearing No. 12, Municipal No. 27092 New 1621-II-22 Present No. 956/II-12 situated at Krishna Market Chowk, Phawara, Amritsar was attached. Against the attachment, one Rikhi Ram filed objections to the effect that the attached property did not belong to the judgment debtor but belonged to him. The objection was allowed vide order dated September 9, 1985. The decree holder filed fresh list of attachable properties. Shop bearing No. 632/2-19, New No. 1681/II-33 was attached on February 7, 1986. The petitioner filed objections under Order 21 Rule 58 of C.P.C. for lifting the attachment. It was stated in the objection petition that the shop was purchased by the objectors from the owners namely Smt. Sushila Devi, Smt. Sudesh Bharti and Smt. Usha Aggarwal to the extent of 1/3rd share vide registered sale deeds dated September 13, 1984, September 17, 1984 and September 18, 1984 for a consideration of Rs. 24,800/-, Rs. 24,800/-, and Rs. 24,400/- respectively.
(3.) The decree holder contested the objections.;