AJIT SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) IN the present petition under Article 227 of the Constitution of India, petitioner is assailing order dated 31.5.2010 passed by the Civil Judge, Senior Division, Kapurthala in CM No.25 of 1.11.2008, thereby rejecting objections of the petitioner against the execution of decree passed in favour of Durga Dass.

(2.) BRIEF facts of the present case are that Gurcharan Singh was owner of the suit property who has executed agreement to sell in favour of Durga Dass on 6.6.1978. Durga Dass filed suit for specific performance against Gurcharan Singh, which was decreed by the competent Court. Durga Dass, thereafter applied for the execution of decree passed in his favour on the basis of agreement to sell dated 6.6.1978.

(3.) LEARNED counsel for the petitioner argues that since the petitioner is in possession of the property in dispute in part performance of the contract i.e. agreement to sell dated 18.1.1979, hence he has every right to resist decree passed in favour of Durga Dass.