NIRDOSH KUMAR Vs. VIJAY KUMAR AND ORS.

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by learned Executing Court on 12.6.2010 whereby the learned Executing Court framed issues and stayed the execution proceedings in the objections filed by Tarlok Kumar, Objector.

(2.) The Petitioner filed a suit for specific performance of an agreement dated 12.9.1997 executed by Vijay Kumar, the owner of the suit property. The said suit for specific performance was decreed by learned trial Court on 8.9.2004. The first appeal filed by the Defendant was dismissed on 19.8.2008. The regular second appeal filed by Defendant was also dismissed on 4.3.2009. Thereafter, in the execution of the decree for specific performance, the sale deed has been executed on 19.6.2009. At the stage of taking possession, in pursuance of the decree of the sale deed, the Respondent No. 2-Tarlok Kumar filed objections under Order 21 Rule 97 of Code of Civil Procedure alleging himself to be in physical possession of the suit property in terms of an agreement dated 9.10.1996. It is also pointed out that he has filed a suit for specific performance against Vijay Kumar. In view of the said fact, Respondent No. 2 (referred to above as the 'Objector') claimed title over the suit property and sought protection of his possession. In the said objection, learned trial Court has passed order on 12.6.2010, the subject matter of the present revision petition.

(3.) Learned Counsel for the Petitioner has vehemently argued that the Objector has filed suit for specific performance on 4.5.2009 of an agreement dated 9.10.1996 after the dismissal of second appeal. The Petitioner has produced a copy of the plaint filed by the Objector-Tarlok Kumar. The said plaint shows that the Objector relies upon the aforesaid agreement for a total sale consideration of Rs. 2,00,000/- out of which Rs. 70,000/-has been allegedly paid as an earnest money by the Plaintiff to Defendant at the time of execution of agreement of sale and the balance sale consideration of Rs. 1,30,000/- was to be paid at the time of execution of the sale deed.