VATEENA BEGUM Vs. SHAMIM ZAFAR

JUDGEMENT

(1.) This judgment has been pronounced through video conferencing.

(2.) The present appeal challenges the impugned order dated 13th August, 2020, by which the Executing Court has rejected the objections filed by the Appellant under Order XXI Rule 97 and 101 CPC. The case of the Appellant is that she had purchased the property bearing no. S-18/18, Jogabai Extension, Near Mumtaz Masjid, Jamia Nagar, Okhla, New Delhi110025 (hereinafter, "suit property") on 21st June, 2012, by way of General Power of Attorney, Agreement to Sell and Purchase, Affidavit, Will, Possession letter and Receipt of Money for a consideration of Rs. 9,00,000/-. The said documents were executed by Mr. Dilawar Hussain Malik on 2nd July, 2012.

(3.) On the other hand, the case of the Respondents/Decree holders is that they had purchased the property from Mr. Dilawar Hussain Malik and his wife Ms. Nazma Malik vide documents dated 2 nd July 2012. They had executed an Agreement to Sell and Receipt. The agreed consideration was Rs. 6,00,000/- for the said property, out of which Rs. 3,00,000/- was paid to the seller. The Respondents filed a suit for specific performance and the Defendants i.e., Mrs. and Mr. Malik, remained ex-parte. They did not file any pleadings and an ex-parte decree for specific performance was passed on 11th November, 2013 by the Trial Court, in favour of the Respondents. The remaining amount of consideration of Rs. 3,00,000/- was deposited with the trial court at the time of drawing up of the decree.