PARMINDER KAUR Vs. AJIT KAUR

JUDGEMENT

(1.) BALWANT Singh filed suit for possession through redemption of house situated at Kairon Road, Patti as detailed in the heading of the plaint against Gurmukh Singh and Prem Singh on payment of Rs. 5500/- as mortgage amount or any other amount which the Court might find payable on redemption.

(2.) THAT suit was preliminarily decreed for possession through redemption subject to deposit of Rs. 7000/- vide order dated 10.9.1994 by Sub Judge Ist Class, Patti. The amount of Rs. 7000/- was deposited in the State Bank of Patiala Branch, Patti on 14.10.1994. Thereafter, Balwant Singh filed application for the passing of final decree and for possession. Prem Singh contested the application saying that the appeal against the preliminary decree is already pending to the Court of Additional District Judge, Amritsar and he is in possession as prospective vendee on the basis of agreement to sell dated 24.9.1992. He prayed for the dismissal of the application for the passing of final decree.

(3.) CIVIL Judge (Jr. Division), Patti allowed this application and passed final decree for possession in favour of the plaintiff against the defendants. It was found that the mere fact that appeal of the plaintiff against the preliminary decree was pending is no bar to the passing of the final decree. It was found that Prem Singh cannot hold on to possession of the property merely because there is an agreement to sell in his favour. He must surrender possession when there is a decree for possession through redemption in favour of the plaintiff. It was also found that in the agreement to sell, it is specifically mentioned that the possession will be delivered to Prem Singh at the time of execution of the sale deed.