- (1.) The petitioners entered into an agreement to sell with Nachhattar Singh, predecessor-in-interest of the respondents, on 03.01.1998 in respect of 18 Bigha 4 Biswas of land @ Rs. 38,500/- per Bigha and paid a sum of Rs. 3,30,000/- as earnest money. The sale deed was to be executed on 31.12.1998. Before the date of execution of the sale deed, the said Nachhattar Singh suffered a collusive decree dated 14.10.1998 in favour of Ranjit Singh (respondent No. 5) in a Civil Suit No. 219 of 20.07.1998 in respect of the suit land on the basis of an agreement to sell dated 11.06.1997. The said suit was decreed ex parte. Respondent No. 5 deposited the balance sale consideration in the Court and the sale deed was executed and registered in his favour through the process of the Court on 04.12.1998. The petitioners, after coming to know about the fraud played by Nachhattar Singh, immediately filed Civil Suit No. 296 of 22.10.1998 against him for possession by way of specific performance and also challenged the decree suffered by him in favour of respondent No. 5. During the pendency of the Civil Suit, Nachhattar Singh died and his legal heirs (respondents No. 1 to 4) were brought on record. The said suit was decreed by the trial Court for an alternative relief of recovery of earnest money vide judgment and decree dated 04.06.2004.
(2.) The petitioners then filed Execution Petition No. 84 of 20.11.2004 in which the amount of Rs. 2,55,000/- deposited by Ranjit Singh on 04.12.1998, plot No. 1 containing tin shed and courtyard and plot No. 2 containing two rooms and courtyard situated in village Bhullerheri were ordered to be attached. The warrants of attachment were issued but it was reported that the amount of Rs. 2,55,000/- deposited by Ranjit Singh on 04.12.1998 was already withdrawn by Nirbhai Singh (Judgment Debtor No. 3).
(3.) The judgment debtors filed the objection on 02.04.2005 under Order 21 Rule 58 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "C.P.C.") pleading that plot No. 1 is a part of the only residential house and cannot be attached in terms of Section 60(1)(ccc) of the C.P.C. and as far as plot No. 2 is concerned, the same was purchased by them on 07.01.2000 from Sukhdev Singh and is their self acquired property. The objection petition was contested by the petitioners by filing reply on 11.06.2005 and on the pleadings of the parties, the Executing Court framed the issues and allowed the parties to lead their evidence.;