KHUSIRAM AWASTHY Vs. SAHAB SINGH

JUDGEMENT

(1.) THIS revision, under Section 115 of the Civil Procedure Code (for short 'the ("ode'), has been preferred against the order dated 5-4-11 passed by 12th Addl. Sessions Judge, Jabalpur in Misc. Civil Appeal No. 11/2010, affirming the order dated 12-7-06 passed by 3rd Civil Judge Class I, in Execution Case No. 229-A/94.

(2.) BY the order dated 12-7-2006 (supra), the objection raised by the petitioner, under Order 21 Rule 97 read with Section 105 of the Code, against execution of decree dated 24-10-94 passed by Civil Judge Class I in Civil Suit No. 229-A/94 in favour of respondent No. 1, Sahab Singh (for short 'R1') and against the respondent No. 2, Beni Prasad (hereinafter referred to as 'R2'), was rejected. It was a decree for specific performance of a contract for sale of suit land whereas the objection was raised inter alia on the ground that the petitioner had been in a lawful possession thereof since 1979.

(3.) ACCORDING to the petitioner, he had purchased the plot of land in dispute and the kuchha house constructed thereon from R2 on 1-1-1979 by way of a mutual settlement (Annexure A-1). Thereafter, on 16-1-1979, R2 had also executed an agreement to sell the property (Annexure A-2). However, R1, knowing fully well about the aforesaid transaction, filed the suit without impleading him as party and obtained the decree in question despite the fact that in the meanwhile, he had constructed house and shops over the plot after securing the loan from bank and obtaining building permission from the Municipal Corporation. After coming to know about the judgment and decree dated 24-10-94 passed in favour of R1, he instituted a suit registered as Civil Suit No. 9-A/98 for a declaration that the same were not binding upon him. But, the suit was dismissed, vide order dated 22-11-2001 passed in Civil Suit No. 9-A/1998, as not maintainable in view of the provisions of Order 21 Rule 97 of the Code. Ultimately, on 11-3-2002, R2 executed registered sale-deed relating to the suit property in his favour.