RULIA SINGH Vs. MUNSHA SINGH

JUDGEMENT

(1.) This judgment shall dispose of two connected revision petitions filed under Article 227 of the Constitution of India. In CR-6329-2019, the petitioner assails the correctness of the order passed by the Executing Court on 17/12/2018 while dismissing the petitioner's objection petition. The aforesaid order has been affirmed in the appeal by the First Appellate Court. In CR-6376-2019, the challenge is to the correctness of the order passed by the Executing Court on 4/10/2018 whereby the objection filed by the petitioner on the ground that the matter is pending in the High Court, has been dismissed.

(2.) In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed.

(3.) The petitioner (Sh. Rulia Singh) executed an agreement to mortgage with possession his house constructed over 6 marla of land comprised of three rooms, kitchen, latrine, bathroom, courtyard, verandah, staircase and a shop on the front portion of the said house. Sh. Munsha Singh (decree holder) filed a suit for specific performance of the agreement dtd. 18/7/2008. The aforesaid suit was decreed by the trial Court on 19/8/2014. The relief given was only the alternative relief of recovery of Rs.2,30,000.00, the principle amount along with interest at the rate of 8% per annum from the date of execution of the agreement dtd. 18/7/2008 till realization of that amount. Since, the payment of the awarded amount was not done, hence, the execution petition was filed by the decree holder i.e. Sh. Munsha Singh.