DHANNA SINGH Vs. AMAR KAUR

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Executing Court deciding objection filed by the petitioner in respect of the execution of judgment and decree dated 6.5.1998 for specific performance of sale of land measuring 14 Marias.

(2.) The suit field by Bakhshish Singh on 12.6.1990 for specific performance of an agreement of sale dated 8.11.1989 in respect of the land measuring 14 Marias i.e. half share of defendant Amar Kaur and land measuring 4 Marias was dismissed by the learned Trial Court on 8.11.1995. However, in appeal the parties entered into compromise on 3.4.1998, whereby the plaintiff relinquished his claim regarding house property measuring 4 Marias and defendant Amar Kaur agreed to execute sale deed in respect of land measuring 14 marlas being her one half share of Khasra No. 89/1 (1-8). However, before the said compromise was entered upon, Amar Kaur has executed sale deed dated 19.11.1990 in favour of the present petitioner in respect of the land measuring 14 Marlas. In terms of the compromise it was Amar Kaur who was liable to compensate her vendee i.e. the present petitioner regarding any loss of any kind suffered by or caused to him on account of sale deed dated 19.11.1990.

(3.) In the execution of the said judgment and decree passed by the first Appellate Court on the basis of compromise, the petitioner herein filed objections inter alia alleging therein that the decree is on account of connivance and warrants of possession cannot be executed in respect of sale effected in favour of the petitioner.