ARJUN SINGH Vs. SAHU MAHARAJ NARAIN

JUDGEMENT

(1.) This is an appeal by the judgment-debtor against an order passed by the Court below by which his objections were dismissed.

(2.) It appears that in pursuance of a contract for sale of a house known as Esse Lodge in Mussoorie, the decree-holder respondent obtained a decree for specific performance of the contract of sale. On appeal, this decree was affirmed by the High Court. The appellant failed to obey the decree although he had an opportunity of doing so. The decree-holder wag thus compelled to apply to the Court under Order 21, Rule 32, Civil P. C., for executing the sale-deed in pursuance of the decree. The sale-deed was executed by the Court in favour of the decree-holder. It appears that the decree-holder failed to secure delivery of possession of the house in question. He then applied to the execution Court for delivery of possession of the house. The appellant then resisted the application and objected to delivery of possession on the ground that the decree was only for specific performance of the contract of sale and that it did not contain any relief regarding delivery of possession. It appears that in the plaint filed by the decree-holder, no relief was sought for possession of the property. The decree which was passed by the Court consequently contained no relief regarding delivery of possession.

(3.) The Court below has overruled the objections. Against that order the judgment-debtor has come up in appeal.