In a revision petition, the Court dismissed the challenge to an order dismissing petitioners' execution objections. The petitioners, minors inheriting property previously litigated and decreed against their grandfather, could claim no better title than their predecessor. Thus, their objections lacked merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1001 of 2009 (O&M)
Date of Decision: 19.3.2009
Gupreet Singh and another
... .Petitioners
Versus
Angrej Singh and others
... Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. D.S. Gurna, Advocate for the petitioners.
RAJESH BINDAL J
The challenge in the present petition is to the order dated February 12, 2009 passed by the learned Court below whereby the objections filed by the petitioners in execution of a decree passed in favour of respondent No.1 were dismissed.
Learned counsel for the petitioners submitted that the petitioners in the present case are minor and in execution of the decree their property was being sold which cannot be permitted as interest of the minor was required to be protected.
However, after hearing learned counsel for the petitioners I do not find any merit in the submissions made. It is a case where the decree was passed in favour of respondent No.1 and against Sant Singh, grand-father of the petitioners way back on 5.8.2004 and in execution proceedings arising out of that decree the petitioners raised objections as they had inherited the property of deceased Sant Singh because their father had died prior to the death of their grandfather. Once the property in dispute was subject matter of litigation between the person from whom the petitioners have inherited the property and a decree had already been passed against the predecessor in interest of the petitioners, the petitioners will have to step into his shoe only and they cannot claim any better title or right than the person from whom they had inherited the property.
Accordingly, I do not find any merit in the present revision petition and the same is dismissed.
(RAJESH BINDAL) 19.3.2009 JUDGE Reema
3 issues framed by the court
Whether minor petitioners inheriting property subject to a prior decree can object to its execution?
Whether petitioners can claim title superior to their deceased grandfather against whom the decree was passed?
Whether the challenge to the dismissal of objections in execution of decree is maintainable?
Gupreet Singh and another
Angrej Singh and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
