MAHESH CHAND SHARMA Vs. JASWANT RAI HORA

JUDGEMENT

(1.) Mahesh Chand Sharma had filed a civil suit. The same was decreed. The decree holder has preferred the execution petition. In pursuance of the property having been attached objections have been filed by Jasbir Singh and Harpal Singh, hereinafter described as the objector.

(2.) The facts alleged are that the property BG-534 Sanjay Gandhi Transport Nagar does not belong to the judgment debtor as he had sold his rights in the said property a back a in the year 1988. It has been explained that Municipal Corporation of Delhi handed over possession of the commercial plot in favour of Jaswant Rai Hora, the Judgment debtor. Jaswant Rai agreed to sell the aforesaid property to his brother Amrit Lal Hora vide agreement of sale dated 18/01/1988. He also executed registered will and General Power of Attorney in favour of Amrit Lal Hora. In the will Amrit Lal Hora was given the power to further sell the property in favour of any other person. Amrit Lal Hora as general attorney Jaswant Rai agreed to sell the property for a consideration of Rs.52,000/- in favour of SuJJan Singh s/o Tala Ram and Harpal Singh, objector vide agreement of 19/07/1989. The said consideration amount was duly received by Amrit Lal Hora as mentioned in the said agreement. Shri Amrit Lal Hora also executed a registered general power of attorney in favour of Sujjan Singh and applicant Harpal Singh empowering them to do all acts and deeds with respect to the property. Possession of the subject-matter of the property was duly handed over by Amrit Lal Hora to" Sujjan Singh and the applicant Harpal Singh. Shri Sujjan Singh vide agreement of sell dated 23/03/1990 agreed to sell his share to objector Jasbir Singh for a consideration of Rs.320,000.00. The said consideration was duly paid and received by Sujan Singh. SuJan Singh handed over possession of his share to objector Jasbir Singh. SuJan Singh executed a power of attorney in his favour.

(3.) It is claimed that on the basis of these document after purchase of the rights of Jaswant Rai Hora the present objectors are in exclusive possession of the property. They have right, title and interest in the property and therefore it was prayed that the property in question could not be so attached.