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2004 Supreme(P&H) 696

HEMANT GUPTA
Bikram Singh – Appellant
Versus
Surjit Singh – Respondent


Judgment

Hemant Gupta, J.

1. The revision petitioner is the objector who is none else but son of the judgment debtor. This revision petition is against the order whereby his objections to the execution of the decree for specific performance of the agreement passed against hi father were dismissed.

2. The petitioner has filed objections to the effect that the disputed house is a joint Hindu family and coparcenary property and he along with his family members is residing in the said house for the last more than 15 years. He was never made a party to the suit, the decree of which is being executed by the decree holder. It was the case of the objector that he has legal right to remain in possession of the disputed house.

3. Learned Executing Court dismissed the objections relying upon the certificate issued by the Sarpanch Gram Panchayat on the ground that the petitioner along with his family members is a resident of House No. 1999. Gali No. 3, Bachittar Nagar Colony, Gill Road, Ludhiana for the last 15-16 years. The Court also relied upon a certificate issued by the Gram Panchayat Kokri Kalan where the disputed premises is situated, that the petitioner is not residing in the said villa














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