LAWS(DLH)-2015-12-469

HARJINDER PAL SINGH Vs. ONKAR SINGH

Decided On December 15, 2015
HARJINDER PAL SINGH Appellant
V/S
ONKAR SINGH Respondents

JUDGEMENT

(1.) Ea(Os) No.1053/2015(by the Decree Holder u/O XXI R 32(5) CPC)

(2.) Mr.Chawla, learned counsel for the Decree Holder states that he had handed over a copy of the draft Sale Deed to the counsel for the Judgment Debtor on 10.12.2015, but he did not revert back.

(3.) Mr.Ahluwalia, learned counsel for the Judgment Debtor does not deny the said fact. The case was passed over to enable both counsels to interact with each other. On the second call, counsel for the Judgment Debtor states that he has perused the draft Sale deed and has pointed out to the other side that clause 16 thereof which mentions the handing over of the originals of the previous Sale Deed dated 23.2.2004 by the Judgment Debtor to the Decree Holder may be deleted for the reason that the Judgment Debtor is not in possession of the said Sale Deed or the previous chain of title documents. He however submits that he is unaware of the fact as to whether his client has lodged an FIR in respect of the loss of the title deeds which ought to have been in his possession in ordinary course.