J. BANU Vs. MD. KALLEEMULLAH

JUDGEMENT

(1.) The Civil Revision petition has been instituted challenging the impugned order and decretal order dtd. 26/10/2022, passed in E.P. No.648 of 2022, in O.S. No.7519 of 2012. The revision petitioner is the defendant in the suit and judgement debtor.

(2.) The respondent is the plaintiff who instituted a suit for specific performance. It is not in dispute that the suit was decreed on 9/2/2017 itself. The respondent/decree holder filed E.P. No.648 of 2022 for execution of the Decree passed in O.S. No.7519 of 2012. The Execution Court adjudicated the issues and considered the objections raised by the revision petitioner. The objections mainly raised by the judgement debtor is that though the decree holder has filed E.P. No3406 of 2017 for the execution of sale deed earlier, the decree holder has not registered the sale deed and on that ground, the execution proceeding is to be dismissed. The judgement debtor further raised the ground that the schedule of property mentioned in the execution petition differs from the decree passed in the suit. Both the contentions raised on behalf of the judgement debtor are considered by the Execution Court and the findings of the Execution Court reveal that the respondent/decree holder has filed the copy of the registered sale deed dtd. 8/1/2020, which was executed in favour of the decree-holder by the Court concerned.

(3.) On verification and on perusal of the sale deed registered by the Court, it was found that the said sale deed was duly registered at the office of the Sub-Registrar, Purasaivakkam in Document No.655 of 2020. The decree-holder had produced the encumbrance certificate. On verification, the execution of sale-deed and registration of sale-deed in favour of the decreeholder finds a place in the encumbrance certificate also. The difference in schedule of property in a decree and execution proceeding were also verified by the Execution Court and were found to be incorrect. Thus, the Execution Court formed an opinion that the objections raised by the judgement debtor is only to protract the proceedings and accordingly, allowed the execution proceedings filed by the respondent/decree holder and ordered to deliver vacant possession of the schedule property through the Court to decreeholder, by 28/11/2022.