HEERA SINGH Vs. AMAR JEET SINGH AND OTHERS

JUDGEMENT

(1.) Heard Mr. R.C. Saxena, learned Counsel for the petitioner and Mr. R.K. Jaiswal, learned Counsel for the opposite party No. 1. The petitioner has challenged the order dated 20th of November, 2000, passed by the Additional Civil Judge (Senior Division), Lakhimpur Kheri in Execution Case No. 36 of 2000, whereby the petitioner's application moved under section 47 of the Code of Civil Procedure has been rejected as also the order dated 8th of April, 2004, passed by the Additional District and Sessions Judge, Lakhimpur Kheri in Revision No. 2 of 2001.

(2.) Briefly the facts of the case are that the petitioner entered into an agreement on 8th of November, 1988 with the opposite party No. 1 for sale of his entire agricultural plot No. 758, bearing area 7.35 acres, situate at village Bhira, Pargana Bhoodh, district Lakhimpur Kheri, against a sum of Rs. 1,47,000/-. Under the terms of agreement it was stipulated that if the aforesaid amount is refunded within a period of ten months, the agreement in question would not be enforced. Under the term of agreement the petitioner refunded Rs. 82,000/- against the principal amount and Rs. 9,900/- against the interest to the opposite party No. 1, but without notice to the petitioner the opposite party No. 1 instituted a suit, which was registered as Suit No. 20 of 1990 in the Court of Civil Judge, Lakhimpur Kheri for specific performance of contract.

(3.) The petitioner contested the suit, but the suit was decreed in favour of the opposite party No. 1/plaintiff and a direction was issued to execute the sale deed after receiving balance amount of Rs. 22,000/-. Being aggrieved with which the petitioner preferred an appeal before the District Judge, Lakhimpur Kheri, which was registered as Civil Appeal No. 155 of 1995. The appeal was heard by Vth Additional District Judge, Lakhimpur Kheri and was rejected by means of order dated 20th of November, 1998. Then the opposite party No. 1 initiated the proceeding for execution of decree, in which the petitioner filed objection, which has been rejected and the order passed by the Execution Court has been upheld by the Revisional Court.