PALWINDER SINGH Vs. SANDEEP KAUR

JUDGEMENT

(1.) By way of present revision petition, challenge has been made to an order dtd. 21/1/2020 (Annexure P-4) passed by the Executing Court, whereby the execution application filed at the instance of petitionerplaintiff (decree-holder) was dismissed.

(2.) Based on an agreement to sell dtd. 12/7/2012, pertaining to the suit property, the petitioner-plaintiff filed a suit for possession by way of specific performance. The said suit was filed on 31/5/2013 and was decreed on 17/4/2018, followed by filing of an exection application by the petitioner-plaintiff on 8/6/2018. While execution proceedings were going on, the Sub-Registrar of the concerned area submitted his report before the Executing Court to the effect that the land in question already stood transferred in favour of one Ranjit Kaur wife of Malkeet Singh, vide sale deed dtd. 20/12/2012, executed at the instance of respondent-judgment debtor. Based on the said report dtd. 26/11/2019, the Executing Court vide order dtd. 21/1/2020, dismissed the execution application by recording that the same was rendered infructuous. It is the aforesaid order dtd. 21/1/2020, which has been impugned herein by way of present revision petition.

(3.) Learned counsel for the petitioner submits that the sale of suit property after execution of the agreement to sell dtd. 12/7/2012 by respondent/judgment debtor in favour of petitioner/plaintiff (decree-holder) would not even bind or affect the rights of the petitioner under the decree passed in his favour. He further submits that the learned Executing Court committed an error of law while dismissing the execution application, merely, on the ground that the property in question already stood sold prior to filing of the suit in favour of a third party vide sale deed dtd. 20/12/2012.