BHOLA NATH Vs. MONIKA

JUDGEMENT

(1.) Leave granted.

(2.) The dispute between the parties relates to plot No. 66, admeasuring 45 ft. x 80 ft. total area 3600 sq.ft. situated at Jawahar Nagar Extension Colony, Mauja Bhadeni Pargana Dehat, City Varanasi. As a dispute arose between petitioner and a cooperative society, the same was referred to arbitration. In the year 1981 an award was passed in favour of the petitioner. The arbitrator directed allotment of plot No. 6 in his favour. However, treating the said plot to be 66 (instead of plot No. 6) a sale deed was executed by the cooperative society in favour of petitioner for plot No. 66. Another dispute arose between the respondent and the cooperative society in relation to award of a plot in her favour. In the award made in favour of the respondent, it was directed that any of the 3 plots namely, plot Nos. 66, 91 or 15 may be allotted in her favour. As the plot Nos. 91 and 15 were not available having been allotted to other members of the cooperative society, the respondent filed an execution application for allotment of the said plot No. 66 and execution of sale deed in her favour. In relation thereto, an objection filed by the petitioner herein has been dismissed. The revision petition filed there against has also been dismissed.

(3.) The sole question which arose for consideration before the executing authority was as to whether in view of the fact than a deed of sale has been executed in favour of the petitioner in respect of the said plot No. 66, the execution petition filed at the instance of the respondent was maintainable.