RAVINDRA SINGH SOLANKI Vs. IKBAL SINGH AND ORS.

JUDGEMENT

(1.) By means of the present writ petition, the petitioner is challenging the order passed by the Executing Court in allowing the Amendment Application filed by the decree-holder.

(2.) Admitted facts of the case are that a decree for specific performance of agreement to sell has been passed by the trial court on 28.07.1995 which has attained finality. An Execution Application No. 33 of 1995 was filed by the decree-holder. During the pendency of the Execution Application, an amendment application was filed on 06.05.2005 with the prayer for delivery of possession of the land in question, which is the subject-matter of agreement to sell and the decree of specific performance. The Executing Court rejected the application on the plea taken by the judgment debtor that while passing the decree of specific performance, the trial court did not grant the relief of possession to the decree-holder.

(3.) The order of the Executing Court dated 14.09.2012, was challenged in revision which was registered as Civil Revision No. 154 of 2012. The Revisional Court, after consideration of the legal position with regard to the decree of specific performance has observed that once the Court passes a decree of specific performance of an agreement and pursuant thereto, in case, the decree-holder pays the balance sale consideration to the judgment debtor, the decree for specific performance is to be executed and the question of delivery of possession of the property under sale would necessarily involve. The amendment application was, therefore, wrongly rejected by the Executing Court.