Ranjit Singh Sarkaria, J. - (1.) PETITIONER Bhola Singh has impugned the order dated 12.12.2005 passed by Civil Judge (Junior Division), Barnala and order dated 23.11.2006 passed by Addl. District Judge, Barnala vide which the objections filed by respondent No. 2 -objector have been allowed by the Civil Judge (Junior Division) and the appeal against said order has also been dismissed.
(2.) GURCHARAN Singh, respondent No. 1, obtained a loan of Rs. 42,000/ - on the basis of pronote and receipt dated 11.7.1998. When he did not return the said money, petitioner Bhola Singh filed a suit on 5.8.2000, which was decreed on 6.11.2000. Bhola Singh filed an execution application for recovery of the above -mentioned decretal amount when respondent No. 2 Gurcharan Singh son of Bachan Singh filed third party objection alleging that he has purchased the land measuring 57 kanals 0 marla from Raghbir Singh son of Bant Singh vide registered sale deeds No. 1925 dated 9.6.1999 and 3271 dated 5.10.1999. In fact aforesaid Raghbir Singh had purchased the above -mentioned property through a sale deed dated 27.11.1998 from Judgment debtor Gurcharan Singh son of Kahla Singh (respondent No. 1). Civil Judge (Junior Division), Barnala allowed this objection petition on 12.12.2005, which was impugned by the petitioner by filing appeal before Addl. District Judge, Barnala. The objection petition filed by respondent No. 2 was decided by the Executing Court and the following issues were framed: 1) Whether objector Gurcharan Singh is bonafide purchaser of the property (57 kanals 0 marlas ) for consideration without any notice? OPO 2) Whether the sale deed dated 17.11.1998 executed by the JD Gurcharan Singh in favour of Raghbir Singh is forged and fabricated document? OPDH. 3) Whether the sale deed dated 9.6.1999 executed by said Raghbir Singh in favour of Gurcharan Singh objector is also forged and fabricated document? OPDH. 4) Relief. Objector Gurcharan Singh examined marginal witnesses to the sale deeds dated 9.6.1999 and 5.10.1999. He also examined Hira Singh, the scribe of the sale deed and himself appeared as a witness in support of his case. It was justifiably submitted on behalf of the objector that he has not directly purchased the land which originally belonged to Judgment debtor Gurcharan Singh, respondent No. 1. Rather he had purchased this land from Raghbir Singh, who in turn, purchased the same from Judgment debtor Gurcharan Singh. It is accordingly pleaded that the objector is a bonafide purchaser of the disputed land for a consideration and he had no notice if this land was under any charge. On the other hand, it is pleaded by the petitioner that the sale deed executed by Raghbir Singh is only aimed at defeating the recovery of decretal amount by the petitioner.
(3.) I have heard counsel for the parties.;