HARPINDER SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) Upon the decree issued for possession by way of specific performance of the suit property in favour of the plaintiff and against the defendant, any compromise contrary to the decree between the same parties should have been through a settlement in court, if it were to have abiding sanctity unless the agreement was a piece of unimpeachable evidence to be implicitly trusted, since the agreement nullifies the decree. The alleged out- of-court agreement Annex P-3 at page 25 of the paper-book has been heavily relied upon by the petitioner-defendant, who was the JD. That agreement with date 17.5.2019 reads as follows:

(2.) Moreover, the mortgage deed following the agreement does not appear to bear the signatures of the decree-holder, while it talks about the same property. The property stands registered in the name of the plaintiff since 2015 in terms of the decree.

(3.) The defendant's objections in execution have been dismissed by 2 of 5 the order of Civil Judge, (Senior Division), Gurdaspur dated 17.1.2020. The learned Judge has found no substance in the objection asking that the execution proceedings be dismissed in the light of compromise Ex. O1 (agreement) and mortgage deed Ex. O2 alleged to be executed by the decree- holder. The judge culled out the basic dates dependable to the conclusion. These were to recapitulate: The suit for possession by way of specific performance of agreement of sale dated 24.12.2002 was decreed on 20.2.2008. The execution of mortgage deed is admitted by the decree-holder but has been explained that it relates to some other independent transaction between the wife of the decree holder and Sukhwinder Singh and has no concern with the execution in question. The execution of compromise deed Ex.O1 is completely denied. On these premises, the executing Judge is correct in his reasoning that where the suit of the plaintiffs decreed was for possession, one fails to understand as to how the compromise was effected qua the execution of mortgage deed Ex. O2. Even though OW2 Sukhwinder Singh has deposed that he executed mortgage deed Ex. O2 in favour of the wife of the decree holder on behalf of his brother/objector Harpinder Singh in order to satisfy the claim of execution but this averment in his examination-in-chief is not in consonance with recital in the mortgage deed Ex. O2.