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ANIL KSHETARPAL
Bharpaie Devi – Appellant
Versus
Usha Rani – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
In this execution second appeal, the appellant assails the correctness of Executing Court's order dated 30.04.2014, which in appeal has been affirmed by the First Appellate Court. The appellant before this court is the purchaser of a residential plot by virtue of a sale deed dated 14.08.2007. She has constructed a residential house consisting of two floors and electricity connection has been issued in her name.
2. In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.
3. Sh. Inderjit Singh son of Sh. Gurdev Singh was exclusive owner in possession of land comprised in khewat no.232. He sold 300 square yards plot (30feetx60feet) in favour of Smt. Jarnail Kaur widow of Sh. Girdhari Lal vide sale deed dated 24.10.1988, who in turn sold the property in favour of Shri Pal Singh vide sale deed dated 03.09.1990. Subsequently, Sh. Shri Pal Singh sold the property in favour of Sh. Harbans Lal vide registered sale deed dated 18.06.2001, who in turn sold the property in favour of Sh. Ram Diya Sharma vide sale deed dated 09.03.2006. Subsequently, Sh. Satish Kumar and Sh. Sanjiv Kumar sons of Sh. M
A purchaser not impleaded in a suit cannot be bound by an ex-parte decree against previous owners, and their rights are superior if acquired before the suit.
(1) Alienation of property after attachment – Where attachment has been made, any private transfer or delivery of property attached or of any interest therein and any payment to judgment-debtor of an....
Once property is sold, the title passes to the purchaser, and original owners cannot later claim rights over the property.
The distinction between judgment in rem and judgment in personam, and the binding nature of judgment in rem on anyone claiming interest in the property.
Settlement deeds must respect prior court orders and creditor rights, and possession claims must consider prior judicial outcomes to uphold judicial integrity.
Legal heirs of an original allottee are co-owners of the property, and a Sale Deed in favor of one heir does not confer exclusive title over the property.
The court affirmed that a Sale Deed is valid only for the share owned by the vendor, and a party can challenge findings of a lower court even without filing a cross-appeal.
Failure to challenge admitted sale and gift deeds renders declaration of title suit non-maintainable; no right to additional evidence under Order 41 Rule 27 CPC.
The legitimacy of a sale deed prevails unless convincingly challenged, affirming that possession cannot be disturbed without due process.
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