GOPAL KAMRA Vs. KARAN LUTHRA

JUDGEMENT

(1.) The present Appeal seeks to assail the judgment of the learned Single Judge dated 12.7.2013 dismissing the objections of the Judgment Debtor registered as E.A. No.675/2012 to the Execution Petition filed by the Decree Holder on 9.4.2012.

(2.) The facts necessary for adjudicating upon the present Appeal are briefly delineated below. A suit for specific performance, being CS(OS) No.1507/1989 was preferred by one Deepak Talwar against the Defendant - Shri Satish Chand Kalra in respect of an Agreement to Sell dated 31.8.1986 pertaining to property bearing No.D-82, Malviya Nagar Extension (Saket), New Delhi constructed on a plot of land measuring 358 sq. yds. During the pendency of the suit, the parties entered into a compromise and the suit was disposed of in terms of the said compromise. The compromise arrived at between the parties was that in terms of the Agreement to Sell Shri Deepak Talwar nominated Shri Karan Luthra (the Respondent herein) as his nominee under the Agreement to Sell. Shri Karan Luthra was, therefore, impleaded on the Plaintiff's filing IA No.3139/1998 under Order I Rule 10 CPC with no opposition to his impleadment as Plaintiff No.2. Further, under the compromise, the Agreement to Sell was to be given effect to and a joint application was accordingly moved by the parties, being IA No.3138/1998 under Order XXIII Rule 3 read with Section 151 CPC for recording of the terms of the compromise, the relevant portion of which is as under:-

(3.) Pursuant to the disposal of the suit in terms of the compromise, the Judgment Debtor (the Appellant herein) executed a General Power of Attorney in favour of the Decree Holder on 29.3.2000 appointing the Decree Holder Shri Karan Luthra (the Plaintiff No.2) as his General Attorney in respect of the suit property. The said General Power of Attorney was duly registered in the office of the Sub-Registrar. On 11.5.2000, the Judgment Debtor executed a possession letter in favour of the Decree Holder acknowledging the receipt of the entire sale price of the property and handing over the vacant possession of the property to the Decree Holder with liberty to the Decree Holder to use the same in whatever manner he liked.