Punjab-Haryana High Court
Gurinder Singh vs Surjit Kaur Thr Her Lr Kuldeep Singh & Ors on 7 March, 2025
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2025:PHHC:032524
ESA-59-2015 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
108
ESA-59-2015 (O&M)
Date of decision: 07.03.2025
GURINDER SINGH
..Appellant
Versus
SURJIT KAUR (DECEASED) THROUGH LR & ORS
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. D.S. Randhawa, Advocate
for the appellant.
Mr. Nakul Sharma, Advocate
for respondent No.1.
ANIL KSHETARPAL, J(Oral)
CM-2282-C-2025 & CM-2283-C-2025
1. Allowed as prayed for.
2. Annexure A-9 and Annexure A-10, respectively, are taken on
record.
3. CMs stand disposed of.
Main case
4. This execution second appeal has been filed to assail the
correctness of concurrent orders passed by the Executing Court, which in
appeal has been affirmed by the First Appellate Court while dismissing the
objection petition filed by the purchaser (the appellant herein) of the
property from all the decree holders including Smt. Surjit Kaur.
5. In order to comprehend the issues involved in the present case,
the relevant facts, in brief, are required to be noticed.
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6. Sh. Magi Singh had three daughters namely Smt. Harbhajan
Kaur, Smt. Karnail Kaur and Smt. Surjit Kaur. Two separate suits were filed
by these three sisters against Smt. Karamjit Kaur, who claimed to be the wife
of Sh. Magi Singh. Smt. Karamjit Kaur in fact claimed that the suit property
was gifted to her by Sh. Magi Singh. Both the suits were consolidated and
decreed in favour of three daughters vide judgment and decree dated
05.02.1993. On 25.02.1993, all the three sisters namely Smt. Harbhajan
Kaur, Smt. Karnail Kaur and Smt. Surjit Kaur entered into an agreement to
sell agreeing to transfer their entire property measuring 132 bighas and 14
biswas in favour of the appellant and respondent No.7. In the meantime in
the first appeal filed by Smt. Karamjit Kaur, all the three sisters relinquished
land measuring 13 bighas and 10 biswas and a 'kothi' in her favour. After
settlement with Smt. Karamjit Kaur, Smt. Surjit Kaur entered into a fresh
agreement to sell dated 26.07.1993 in favour of the appellant and respondent
No.7 with respect to her 1/3rd share in 119 bighas and 4 biswas of land on
receipt of the entire balance sale consideration of Rs.2,50,000/- after
adjusting the amount received as earnest money under the previous
agreement to sell. The possession of the land was also handed over to the
appellant and respondent No.7, which includes Khasra No.573 (4 bighas-18
biswas). On the same day, Smt. Surjit Kaur executed an irrevocable general
power of attorney in favour of Sh. Balwant Singh, the father of the appellant
and respondent No.7. Smt. Karamjit Kaur, pursuant to the compromise,
handed possession of 119 bighas and 4 biswas land to Smt. Harbhajan Kaur,
Smt. Karnail Kaur and Smt. Surjit Kaur vide rapat No.1311 dated
10.05.1993. Smt. Surjit Kaur through her attorney, Sh. Balwant Singh,
executed two sale deeds each of 16 bighas and 19 biswas land in favour of
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the appellant and respondent No.7 on 08.04.1994 and 11.04.1994. Smt. Surjit
Kaur filed a civil suit challenging the aforesaid two sale deeds, which was
dismissed on 17.04.2002. The first appeal filed by Smt. Surjit Kaur was
dismissed on 12.06.2003. She withdrew her second appeal on 15.11.2007.
After the withdrawal of the regular second appeal, all the three sisters
including Smt. Surjit Kaur executed sale deed No.3068 dated 19.12.2008 but
registered on 22.12.2008 in favour of the appellant and respondent No.7 of
land comprised in Khasra No.1729/537 (2 bigha), Khasra No.1730/573 (2
bigha). It is alleged by the appellant that due to bifurcation of land comprised
in Khasra No.573 into two parts, inadvertently a small plot of the land
measuring 18 biswa was not included in the sale deed registered on
22.12.2008. Now, Smt. Karnail Kaur and Smt. Harbhajan Kaur two
remaining sisters of Smt. Surjit Kaur have executed sale deed on 21.02.2025
with respect to 2/3rd share of 18 biswas land i.e. 12 biswas in favour of the
appellant and respondent No.7.
7. All the three sisters filed execution petition to execute the
decree passed by the First Appellate Court after settlement with Smt.
Karamjit Kaur. Objection petition was filed by the appellant and respondent
No.7 when they were sought to be dispossessed. As already noticed, two
sisters of Smt. Surjit Kaur namely Smt. Harbhajan Kaur and Smt. Karnail
Kaur have already executed sale deed acknowledging appellant and
respondent No.7 as owners of the property.
8. The decree passed by the Court in civil suit is in personam and
not in rem. The appellant is not deriving any title from Smt. Karnail Kaur. It
is the decree holders i.e. all three sisters, who have delivered possession of
the entire property including land comprised in Khasra No.573 (4 bigha and
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18 biswas) to the appellant and respondent No.7. In the execution petition
filed to execute decree against the judgment debtor Smt. Karamjit Kaur, the
appellant cannot be dispossessed. If Smt. Sujit Kaur claims that 6 biswas
land comprised in Khasra No.573 was never agreed to be sold but appellant
and respondent No.7 have wrongly entered possession, she may have her
remedy in accordance with law.
9. Consequently, the orders passed by both the Courts below are
set aside and objections filed by the appellant and respondent No.7 are
sustained and accepted.
10. With these observations, the appeal is allowed.
11. All the pending miscellaneous applications, if any, are also
disposed of.
March 07th, 2025 (ANIL KSHETARPAL)
Ayub JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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