ASHOK KUMAR Vs. MAHAVIR

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Suit filed by petitioner against respondent Mahavir for possession by specific performance of agreement to sell was decreed vide judgment and decree dated 29.1.2011, Annexure P/1. In the said suit, the petitioner alleged that defendant being absolute owner in possession of 5 kanals 2 marlas land of killa no. 25/2 agreed to sell 3 kanals 4 marlas land out of it to the plaintiff.

(3.) Petitioner filed application Annexure P/2 in his execution petition seeking execution and registration of the sale deed regarding specific portion measuring 3 kanals 4 marlas described by dimension and boundaries out of 5 kanals 2 marlas land. The said application was resisted by respondent - judgment debtor by filing reply Annexure P/3. Learned executing court vide impugned order Annexure P/4 dismissed application Annexure P/2 observing that the petitioner purchased only share to the extent of 3 kanals 4 marlas out of total land measuring 5 kanals 2 marlas and did not purchase specific portion of the said land of which the decree holder now is seeking sale deed. Feeling dissatisfied, decree holder has filed this revision petition.