BHAGWAN DASS Vs. PAWAN KUMAR

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 24.04.2013 (Annexure P/6) and order dated 08.02.2013 (Annexure P/5) passed by learned Additional Civil Judge (Senior Division) Kaithal whereby execution petition filed by the petitioner has been dismissed as fully satisfied observing that symbolic possession has already been delivered in pursuance of the execution.

(2.) SHORN off unnecessary details, the facts relevant for disposal of present petition are to the effect that the petitioner/plaintiff filed suit for possession by way of specific performance of agreement to sell dated 18.02.1999 (Annexure P/1). The suit was decreed vide award of Lok Adalat dated 30.05.2009 (Annexure P/3). Thereafter, the petitioner filed execution petitions which have been dismissed vide impugned orders. Hence, this revision petition.

(3.) IN the award (Annexure P/3), it is nowhere mentioned as to which part is to be specifically delivered to the petitioner. Only it has been mentioned that award is being passed while decreeing the suit for possession by way of specific performance of contract dated 18.02.1999. In the agreement to sell (Annexure P/1), there is a reference that the petitioner has agreed to purchase the land measuring 0 -16 -1/2 marlas i.e. 500 sq. yards in Khasra No. 347 situated at Patti Kaisth Seth, Tehsil Kaithal.