SUNIL GUPTA Vs. VIJAY SHARMA

JUDGEMENT

(1.) IA No. 5652/ 2014 (O. XXI Rules 59, 91 & 92 CPC) in CS (OS) No. 118/2011

(2.) CS (OS) No. 171/2010 titled Harjinder Pal Singh vs. Vijay Sharma, which led to the filing of the Execution Petition No. 240/ 2013 as the suit for specific performance of the contract dated 29.05.2009 in respect of sale of lower ground floor of property no. S-381, Greater Kailash Part-1, New Delhi, was decreed in favour of the decree holder and against the judgment debtor Vijay Sharma on 27.08.2013.

(3.) EA (OS) No. 288/ 2014 (under Order XXI Rule 58 CPC) has been filed by the applicant/objector (his name is not known as the name has not been disclosed either in the title of the objections or at the end of the objection while putting signatures through the Power of Attorney Vineet Narang or anywhere else in the body of the objection) with the plea that the objector came to know from the website of this Court that a decree in respect of the suit property purchased by the objector from the judgment debtor has already been passed in favour of the decree holder on 27.08.2013 and the decree holder has taken steps for execution of the decree. According to the objector, on 16.04.2009, the judgment debtor had agreed to sell the property, subject matter of the execution and had accepted a token money of Rs. 11,000/-. The suit property, as described earlier, was to be sold for a total consideration of Rs. 25,16,000/-. A sum of Rs. 15 lacs was paid at the time of executing the second Agreement to Sell dated 06.07.2009 and the balance sum of Rs. 10,16,000/- was to be paid at the time of execution of the Sale Deed. It is averred that the Agreement to Sell dated 06.07.2009 was lying under objections with the Sub-Registrar V, New Delhi and the same could be registered and delivered to the objector only on 18.05.2010. In the meanwhile, on 19.11.2009, the judgment debtor had approached the objector for release of additional funds and consequently, another sum of Rs. 9,16,000/- in cash towards balance sale consideration was paid on 19.11.2009 and actual and physical possession of the suit property (except one small room and one toilet) was delivered to the objector at that time. According to the objections, it was agreed between the parties, that is objector and the judgment debtor that the Sale Deed would be executed by the judgment debtor in favour of the objector soon after the registration of the Agreement to Sell dated 06.07.2009.