RAM CHARAN AGRAWAL Vs. RAM GOPAL AND ORS.

JUDGEMENT

(1.) E.A. Nos. 371/2010 (under Section 151) 465/2010 (under Order 39 Rule 4) & 466/2010 (under Order 21 Rule 58) 1.

(2.) IN the present execution proceeding, the Decree Holder seeks a direction to the Judgment Debtors to execute and register Conveyance Deed in respect of property No. 1375, Katra Lehswan, Chandni Chowk, Delhi (hereafter called "the suit property") in his favor, failing which, to appoint a Court Commissioner to comply with the formalities to that end.

(3.) THE parties submitted the respective bids; the Judgment Debtor, i.e. Sh. Ram Gopal bid Rs. 4 crores in respect of the Delhi lot, which comprised three properties, and included the suit property. Eventually, the bid of Sh. Ram Charan being higher that Sh. Ram Gopal's, was accepted. The Court was conscious of the circumstances that the suit property was tenanted. A further detail needs to be noticed at this stage. The pleadings in the suit had indicated that the suit property, being tenanted, was occupied by a firm, of which the Decree Holder and Judgment Debtor were partners. During the pendency of the suit, the property was purchased by Sh. Ram Gopal's son and his wife. Learned Counsel (for the Judgment Debtor) mentions that the sale consideration was Rs. 4.5 lakhs and a registered conveyance was executed in 1998.