TARIQ IFTIKHAR Vs. CHARANJIT LAL

JUDGEMENT

(1.) As the facts and the issues arising for consideration in both these execution petitions are similar, I propose to dispose of both the petitions by this common judgment and order. The decree holder-petitioner herein filed the present execution petitions by this common judgment and order. The decree holders-petitioners herein filed the present execution petitions for execution of the judgments and decrees dated 24.3.1993 passed in Suit No.325/93 and Suit No.324/93.

(2.) The decree holder-petitioners filed two separate suits in this Court seeking for a decree for specific performance of agreements to sell dated 6.3.1992 read with supplemental dated 27.7.1992. The said suits were registered as Suit No.325/93 & Suit No.324/93 respectively. In the said suits a direction was also sought for directing the defendant to register the sale deeds in terms of the agreement to sell in respect of the suit properties and to put both the plaintiffs in actual physical peaceful possession of the said suit properties in due performance of the specific part of the contracts. During the pendency of the suits the parties mutually arrived at settlement and in terms thereof compromise deeds were executed on 23.3.1993 between the decree holder-petitioners and the judgment debtor-respondent. In terms of the said compromise deeds, statements of the judgment debtor-respondent were also recorded and in the said statements he had specifically stated that he has no objection if the decrees are passed in terms of the compromise applications Ex.C-1. He had also stated that the keys of the suit premises had been handed over to the plaintiffs-decree holders in Court. The statement of the attorney of the plaintiffs were also recorded who stated in his statement that the suits be decreed in terms of the compromise applications Ex.C-1.

(3.) By orders dated 24.3.1993 this Court disposed of the suits recording the statements of the parties. It was recorded in the said orders that joint applications had been moved under Order 23 Rule 3 of the Code of Civil Procedure and in the said applications it was mentioned that the parties have amicably settled their disputes with a prayer that the suits be decreed in terms of the compromise deeds Ex.C-1. This Court also recorded that the plaintiff had handed over cheques in the Court favouring the respondent-defendant and the keys of the premises had also been handed over to the petitioners - plaintiffs. In terms thereof the suits were decreed in terms of the compromise and the Registry was directed to prepare decrees in terms of the compromise deeds Ex.C-1 with a further order that the compromise deeds shall form part of the decrees.