AIR 1981 SIKKIM 1

Sikkim High Court

Hon'ble Judge(s): Manmohan Singh Gujral , C.J. AND Anandamoy Bhattacharjee , J

(A) Civil P.C. (5 of 1908) , S.115, O.21 R.60— Order under O.21, R.60 allowing objection and release of disputed land from attachment - Absence of any error of fact or law - No interference in revision. When in execution of a money decree, the Executing Court under O.21, R.60 allowed the objection of the objector and released the disputed land from attachment on its finding that the same was sold by the judgment-debtor to the objector, though by an unregistered sale deed, after receiving the full consideration money and putting the objector in possession thereof since then, long before the attachment in question, these findings as to the sale or the agreement or attempt to sell in favour of objector the consequent delivery of possession, not having been challenged in any way in the Memorandum of Appeal (which was being treated as revision) were unassailable in revision, whether or not the evidence in support thereof was good, bad or insufficient. Thus the Executing Court could not be said to have committed any error of fact or of law, far less any error involving the jurisdictional question, warranting interference in revision.(Para 7 11) (B) Civil P.C. (5 of 1908) , O.21 R.60— Objector in possession of disputed land in part performance of contract to sell - Dec....