MITHA SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) JUDGMENT -debtor (JD) Mitha Singh has filed this revision petition under Article 227 of the Constitution of India, impugning order dated 20.11.2004 (Annexure P -8), passed by learned Executing Court, thereby dismissing application (Annexure P -6), moved by JD -petitioner for dismissing the execution petition filed by respondent Mohan Singh -decree -holder (DH), for executing the decree dated 30.08.1994, passed vide judgment of even date (Annexure P -1), thereby decreeing the suit of respondent -DH against petitioner -JD for specific performance of the agreement to sell dated 15.01.1989. JD, in his application (Annexure P -6), alleged that the DH has not deposited the balance sale consideration within time, as directed in judgment and decree dated 30.08.1994 and that the Court at Nawanshahr has no territorial jurisdiction to proceed with the execution petition. The DH, by filing reply (Annexure P -7), controverted the averments of the JD. It was alleged that the sale deed, pursuant to the decree, has already been executed and DH had already deposited the balance sale consideration with permission of the Court. The JD did not file objections before the sale deed was executed.

(2.) LEARNED Executing Court, vide order (Annexure P -8), has dismissed the application moved by JD. Feeling aggrieved, JD has filed this revision petition to assail the said order.

(3.) AS regards territorial jurisdiction of the Court at Nawanshahr, the Village was transferred to Samrala on 20.07.1995 i.e. after passing of judgment and decree dated 30.08.1994. As regards territorial jurisdiction for execution proceedings, the same was transferred to the Court at Samrala, which had territorial jurisdiction, pursuant to notification dated 20.07.1995. Consequently, the objection regarding territorial jurisdiction has been rightly over -ruled.