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1970 Supreme(P&H) 194

H.R.SODHI
Mohinder Singh – Appellant
Versus
Nanak Singh – Respondent


Judgment


1. Nanak Singh, decree-holder respondent, obtained a money decree against Jagdish Chander judgment-debtor respondent. An execution was taken out by the degree-holder and a plot of land got attached on 7th October, 1969. Before the attachment took effect, Jagish Chander had already executed an agreement to sell the same plot to the petitioners, Mohinder Singh and Balwant Singh, for a sum of Rs.22,500/- and delivered possession of the same to them. In execution proceedings, objections were filed by the petitioners, objections were filed by the petitioners under Order 21, Rule 58, Civil Procedure Code, it being pleaded by them that the property under attachment, though originally belonging to the judgment-debtor, was possessed by them in their own right and, therefore, not liable to attachment and sale. The only issue rammed by the executing Court was to the following effect: "whether the objectors are in possession of the property under attachment in their own right as claimed ?" It was conceded on behalf of the objectors that the agreement executed in their favour did not create any interst in the property agreed to be sold in terms of Sec.54 of the Transfer of Property Act,





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