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1984 Supreme(P&H) 163

J.M.TANDON
Jagat Ram – Appellant
Versus
Jagjit Singh – Respondent


Judgment

1. Jagjit Singh respondent secured a decree for possession through pre-emption of land measuring 65 Kanals 12 Marlas in Basti Baba Khel, Tahsil and District Jullundur, against Pritam Kaur etc. on payment of Rs. 15,880.00 (including one fifth of the pre-emption amount already deposited). The amount was to be deposited on or before July 28, 1965. According to Jagjit Singh respondent he deposited the pre-emption amount within the stipulated period but he could not get the possession of the land on account of delying tactics of the judgment-debtors. In the execution proceedings initialed on April 13, 1977, the petitioners, who claim to have purchased the land from the judgment-debtors on July 10 and 19, 1979, filed an objection petition under Order 21, Rule 58 read with Section 151, Civil P. C., which was dismissed by the executing Court vide order dated July 31, 1982. The petitioners filed an appeal against the order of the executing Court which was dismissed by Additional District Judge, Jullundur, vide order dated my 21, 1983, being not maintainable. It is against this order that the present revision is directed.

2. The learned counsel for the petitioners has argued that the





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