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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
CHANDRA SHEKHAR SINGH – Appellant
Versus
KANHAIYA LAL AND ANR. – Respondent
ORDER :
1. The present revision petition has been preferred against the order dated 13.12.2010 passed by the learned Additional District Judge, Gulabpura, Bhilwara in Civil Misc. Appeal No.10/2010 whereby the learned Court proceeded on to affirm the order dated 01.11.2010 passed by the Civil Judge (Senior Division), Gulabpura whereby the objections under Order 21 Rule 58, CPC as preferred on behalf of the objector Chandra Shekhar Singh were rejected.
2. The facts are that execution proceedings were initiated in the year 2003 by one Kanhaiya Lal (respondent No.1) against Gopal Lal (respondent No.2) for execution of three decrees qua the suits decreed in his favour. In the said execution proceedings, objections under Order 21 Rule 58, CPC were filed by the present revision petitioner Chandra Shekhar Singh with a submission that Gopal Lal had executed an agreement to sell dated 16.11.1997 in his favour for a consideration amount of Rs.5,00,000/- qua the property which was attached in the execution proceedings.
3. It was further submitted that the possession of the property was handed over to him by Gopal Lal in the year 1997 itself as part consideration amount of Rs.4,50,000/- was paid t
The court affirmed that unproven claims under an agreement to sell do not override execution proceedings, especially when the claim is time-barred.
The Executing Court must consider objections raised by parties and the principle of lis pendens in property disputes to ensure fair adjudication.
The court established that claims to property under execution must be substantiated by valid title and cannot be used to delay proceedings.
The court determined that applications under Order VII Rule 11 must allow parties to present evidence at trial, as disputed factual matters cannot be resolved at this stage.
The correctness of the averments in the plaint is not to be weighed at the stage of rejection of the plaint under Order 7 Rule 11 CPC.
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