JUDGEMENT
BHARAT BHUSHAN PARSOON, J. -
(1.) THIS civil revision petition has been preferred by a third party objector in execution of decree dated 27.5.2006 claiming that the
judgmentdebtor in the decree was having no right, title or interest in
the land and thus, the decree against him is unexecutable.
(2.) IT is claimed that the plot which forms subject matter of the decree under execution was owned by Babu Ram father of the revisionistpetitioner
who while making testamentary succession by way of Will dated 7.8.1989
had ignored his two sons out of 7 and judgment -debtor was one of the two
ignored sons of the owner. It is averred that the judgment -debtor had
been deprived of any share in the property in dispute. It is, thus,
claimed that any action taken by the judgment -debtor including execution
of agreement to sell dated 27.2.2004 is of no legal significance.
Challenging the impugned order, whereby objection petition preferred by the petitioner was dismissed, the objector (now revisionist
petitioner) had claimed to be exclusive owner in possession of the
property in dispute by way of a family settlement, further alleging that
the judgmentdebtor was having no concern with the same. After receiving
evidence in the execution petition, the executing court finding it to be
of no merit had dismissed the objection petition.
(3.) HEARING has been provided to counsel for the parties while going through the impugned order as also the documents placed by the parties on
the paper book.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.