KANABHAI LAXMANBHAI KANGAD Vs. BHOGILAL GIRDHARILAL KOTAK

JUDGEMENT

(1.) Mr. Justice Ravi R. Tripathi The petitioner-original plaintiff- judgment creditor is before this Court being aggrieved of order passed by the learned 2nd Joint Civil Judge (Senior Division), Rajkot dated 30.11.1996 below Exhibits 1 & 49 in Execution Application No. 225 of 1983.

(2.) An application was given on 13th October 1395 requesting the Court that an order be passed directing the judgment debtor to execute a sale deed through a Commissioner. The petitioner judgment creditor has annexed a sketch showing the land in question. The map also shows the land acquired for the road. The learned Judge has passed an order and directed the opponent to execute a registered sale deed in favour of the petitioner (judgment creditor) as per the decree, for the amount mentioned therein,- in terms of 'the agreement to sell' of the land admeasuring 1209 sq. yards within thirty days from the date of the order. While passing the order the learned Judge has added one condition that the judgment creditor shall hand over the possession of the excess land in addition to 1209 sq. yards.-which he is in possession. The learned Judge has also said that only thereafter/- the sale deed is to be executed.

(3.) Mr.Shah, the learned advocate appearing for the petitioner-judgment creditor invited attention of the Court to the decree. There it is stated that the judgment creditor shall deposit an amount of Rs. 1974.25 paise which remained due in terms of "the agreement to sell. On such amount being deposited the judgment debtor shall execute a sale deed in favour of the judgment creditor of the land details of which are mentioned in the plaint. The expenses to be borne by the judgment creditor, the stamp duty payable be also paid by the judgment creditor, Clause (iv) of the decree is important. It is mentioned therein that possession of the land is that of the judgment creditor and that is mentioned in para 9 of the suit, (plaint).