Revision against order rejecting objection during execution of decree for possession. Court held defence contention was meritless and decree holder entitled to possession via execution order.
Revision petition dismissed; decree holders entitled to hold possession.
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.
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C.R. No.1389 of 1995
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.1389 of 1995 Date of Decision.17.07.2013
Tehal Singh son of Takht Singh and others
.....Petitioners
Versus
Puran Singh son of Shingara Singh and others
.......Respondents
Present: Mr. Kashmir Singh, Advocate for the petitioners.
None for the respondents.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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K. KANNAN J.(ORAL)
at the stage of the execution of decree for recovery of possession. The suit had been filed by the plaintiffs contending that a sale executed by the father was not binding on them which was not supported by any legal necessity. The Court found that although the document had been referred to as a sale deed, it was only a mortgage and that there was no necessity for such a transaction. It, however, directed the amount which was sought as consideration as the liability for the petitioner to discharge and allowed for a decree for possession to be passed on the payment of said sum.
C.R. No.1389 of 1995
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was not any longer valid. The Executing Court found no merit in this objection and proceeded further process in execution.
carried out.
(K. KANNAN) JUDGE
July 17, 2013 Pankaj*
Kamboj Pankaj Kumar 2013.07.23 10:33 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the revision petition challenging the rejection of the objection during execution of decree for possession should be allowed.
Tihal Singh son of Takht Singh and others
Puran Singh son of Shingara Singh and others
K. KANNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
