YOGENDER KUMAR Vs. RAM KISHAN GUPTA

JUDGEMENT

(1.) The impugned order of the executing court is dated 27.09.2010. The objections filed by the Petitioner/objector (Yogender Kumar and Om Kumar) under Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as the 'Code') had been dismissed.

(2.) The Plaintiff/decree holder (Ram Kishan Gupta) had filed a suit for specific performance in terms of an agreement to sell dated 18.03.1988. His contention was that he had entered into an agreement to sell to purchase the suit property i.e. (land measuring 4 bighas 16 biswa bearing in khasra No. 506, situated at Village Naib Sarai, Tehsil Mehrauli, Delhi) from Samay Singh, its erstwhile owner. Part payment had been made and the balance amount of ' 3,85,000/- was yet payable; suit had accordingly been filed. This suit had been decreed in favour of the Plaintiff/ decree holder vide an ex-parte judgment and decree dated 02.05.1990. Sale deed had been executed in favour of the decree-holder on 15.07.2003 which was registered on 08.10.2007 and mutation had also been effected in his name on 12.05.2008.

(3.) Before the executing court, the present Petitioners/objectors (Yogender Kumar and Om Kumar) had preferred objections under order 21 Rule 97 of the Code. Their contention was that Pushpa Singh had purchased 2100 square yards of constructed land from Samay Singh vide agreement to sell, receipt, power of attorney dated 05.01.1988; the Petitioners had stepped into the shoes of Pushpa Singh by virtue of an agreement to sell and other related documents executed between themselves and Pushpa Singh dated 16.09.2008; they are in peaceful possession of this land since 16.09.2008; they had contested the execution filed by the decree holder and objections as aforenoted had been filed by them along with documentary evidence.