SUKHDEV SINGH Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this revision petition is the order dated 26.11.2011 passed by the Executing Court, vide which the execution petition has been restored and warrant of possession of the suit property has been issued.

(2.) Briefly stated, Gurcharan Singh had entered into agreement to sell dated 24.8.1968 and 7.9.1968 for selling suit land in favour of Jaswant Singh, Swarn Singh sons of Karnail Singh, Smt. Pritam Kaur w/o Nahar Singh and Smt. Jaswant Kaur d/o Kartar Singh. All these six persons filed suit for specific performance against Gurcharan Singh deceased. The said suit was decreed on 28.2.1970 by Sh. M.S. Lobana, the then Sub Judge Ist Class, Ludhiana in a civil suit No. 1/23 of 1969. The execution of the decree dated 28.2.1970 remained stayed till 10.11.1994. After the death of Gurcharan Singh, his sons and daughters became party in the proceedings pending before this Court and they filed objection under Section 47 CPC before the Executing Court but the same was dismissed. The present petitioner alongwith his other step brothers and sisters filed revision petition against the order dated 11.10.1996 and this Court dismissed the said petition against the objection under Section 47 CPC. The sale deed dated 25.5.2001 was executed through the Local Commissioner in compliance to the decree for specific performance. The present petitioner filed a suit claiming that property in the hands of Gurcharan Singh was coparcenary property and he was not competent to alienate the property through agreement in question.

(3.) The argument of the counsel for the petitioner is that Civil Court has passed an order of status quo and as such the warrant of possession cannot be issued.