DEWAN CHAND Vs. KULDIP KUMAR MEHTA

JUDGEMENT

(1.) The facts in brief are that Kuldip Kumar Mehta had filed a suit for possession for specific performance of the agreement to sell dated 3.6.1995. It is further prayed that the defendant be directed to execute the sale deed in respect of the property and he be also restrained from transferring, leasing out or alienating the property in any manner to any person other than the plaintiff.

(2.) The suit was decreed. It was upheld up to this court as Regular Second Appeal No. 1696 of 1999 filed by the defendant, now petitioner, was dismissed in limine.

(3.) For the execution of the decree, the decree holder-respondent (hereinafter referred to as the respondent) had filed an execution application as the judgment-debtor, (hereinafter referred to as the petitioner) had not executed the sale deed in terms of the decree. Thus, the sale deed in favour of the respondent was executed under the orders of the Court. The possession of two shops was delivered on 25.8.1998. The possession of the remaining back portion could not be delivered as it could be delivered only after demolition of the back side wall.