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1971 Supreme(P&H) 129

MAHESH GROVER, MAN MOHAN SINGH GUJRAL
Nachhattar Singh – Appellant
Versus
Babu Khan – Respondent


Judgment

1. This second appeal filed by the judgment-debtor and two others arises out of an execution application in which the sale of property of the judgment-debtor was confirmed and the objection petition of Milkha Singh was dismissed.

2. The facts giving rise to this appeal are not in dispute and are as follows. Rukan Din (who has since died) and obtained a decree for the recovery of Rs.2,400/- against Darbara Singh and in execution of that decree he got land belonging to the judgment-debtor and measuring 32 kanals and 2 marlas attached. In a subsequent execution application the land was ordered to be auctioned and the sale to place on 19th June, 1966. Babu Khan respondent was the highest bidder and he immediately deposited Rs.900/- being the one-fourth of the sale-price. The balance of the money was, however, not deposited till 25th August 1966. While the property was under attachment Darbara Singh, the judgment-debtor executed a gift deed on 12th April 1965 in respect of his entire land measuring 99 bighas and 16 biswas in favour of Nachattar Singh and Milkha Singh. An objection petition under O. 21, R. 58, Civil P. C. was filed by Nachhattar Singh and Milkha Singh but this pe













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