KULDIP SINGH Vs. BANARASI DASS

JUDGEMENT

(1.) BY the present order I shall deal with three objections to the present Execution Petition i.e. EA No. 843/2012 filed by Smt. Dipti Bansal LR of JD No. 2, EA No. 844/2012 filed by Smt. Vijaylaxmi JD No. 8 and IA No. 274/2015 filed by Shri Rajeev Gupta, LR of JD NO.2.

(2.) THE brief facts of the case are that the Decreeholder Shri Kuldeep Singh entered into an Agreement to Sell dated 29/30.07.1980 with the LRs of the original owner of the property Shri Nand Lal. The LRs were Banarasi Das, Dhanpat Rai, Din Dayal, Gaindo Devi (widow of pre - deceased son Paras Ram). Each of these persons had 1/4th share in the suit property. Din Dayal had passed away leaving behind his Legal Heirs, namely, his widow Smt. Sushila Devi, three sons Mohinder Kumar Gupta, Surender Dayal, Narender Dayal and daughter Vijay Laxmi each of whom had 1/24th share in the suit property. As per the Agreement to Sell the total agreed sale consideration was Rs. 14,00,000/ -. A sum of Rs. 1,40,000/ - was paid as earnest money and as per the agreement possession of one garage in the suit property was handed over to the plaintiff. Balance Rs. 12,60,000/ - was to be paid on execution and registration of Sale Deed and delivery of possession.

(3.) THE decree holder thereafter filed the suit in issue i.e. Suit No. 280/1982 on 10.01.1982, for specific performance of the Agreement to Sell against the said eight legal heirs and also impleading Rajender Kumar as defendant No. 9 in the said suit. The suit was decreed ex parte on 30.4.1984. An appeal against the said ex parte judgment being RFA(OS) 14/1985 was dismissed on 22.3.1985 as time barred. An application was also filed by the Judgment Debtors under Order 9 Rule 13 CPC for setting aside the ex parte decree. The application was dismissed on 15.7.1985. In these facts and circumstances the decree attained finality.