SUKHDEV SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) DECREE -holder (DH) Sukhdev Singh has filed this revision petition assailing order dated 07.10.1991 passed by the Executing Court and order dated 28.07.1994 passed by the lower appellate court.

(2.) THIS case has a checkered history. The suit land was owned by Jawala Singh. He suffered consent decree dated 30.03.1983 regarding the suit land in favour of his sister's son Joginder Singh son of Raghbir Singh - respondent no. 1, who was accordingly declared to be owner in possession of the suit land. Mutation thereof was also sanctioned in favour of respondent no. 1 on 23.05.1983.

(3.) SUKHDEV Singh - petitioner herein filed suit against another Joginder Singh son of Kehar Singh and his son Pritpal Singh (respondents no. 2 and 3 herein) alleging that Jawala Singh, through respondent no. 2 as Attorney, agreed to sell the suit land to the petitioner vide agreement dated 11.04.1987. Jawala Singh has since died and in view of his Will, respondents no. 2 and 3 herein, inherited the suit land from Jawala Singh. Accordingly, petitioner claimed possession of the suit land by specific performance of the agreement dated 11.04.1987. Respondents no.2 and 3 herein (defendants in the said suit) admitted the claim of the petitioner. Consequently, the said suit was decreed vide judgment and decree dated 24.11.1988. Petitioner as DH filed execution petition for execution of the said decree.