NARENDER SINGH OBEROI Vs. HARI DASS SOOD

JUDGEMENT

(1.) This appeal of Narinder Singh Oberoi is directed against the two orders dated October 31, 1986 by the learned Single Judge of this Court in Execution No. 90 of 1984. Vide order in Execution No. 90 of 1984 and Execution Application No. 317 of 1985 the learned Single Judge has directed the Registrar of this Court to obtain from the judgment-debtor an application to the Land & Development Officer for obtaining permission for transfer of the disputed portion of property No. 4, Hailey Road, New Delhi in favour of the decree-holder. It has further been directed that after obtaining the necessary permission as aforesaid the Registrar shall upon the judgment- debtor to execute the sale-deed failing which the sale deed shall be executed by the Registrar for and on behalf of the judgment-debtor. Vide other of even date the learned Single Judge dismissed E.A. 235 of 1984 and E.A. 64 of 1985 as premature.

(2.) It would be necessary to give facts in brief to appreciate the arguments advanced at the Bar.

(3.) Narinder Singh Oberoi filed Suit No. 511 of 1973 against ,Hari Dass Sood and Amar Singh Sawhney for specific performance of an agreement dated 30th December, 1970 for sale of l/9th share of the property No. 4, Hailey Road, New Delhi in his favour. It was also prayed that incase defendant No. 1 failed to execute the sale-deed the same may be ordered to be executed by an official of the court. He also prayed for the delivery Of the portion in actual possession of defendant No. 1 with a further prayer that the plaintiff would be entitled to take possession of such portion of the property which may fall to the share of defendant No. 1. This suit was decreed on 25th October, 1976. with a direction that Hari Dass Sood defendant No. 1 would obtain sanction of the Land and Development Officer and certificate of income-tax clearance from the Income Tax Officer and in case of failure on his part to do so, the decree shall be executed in the manner provided under Order 21, Rule 35 of the Code of Civil Procedure.