LAWS(P&H)-2014-2-422

KRISHAN Vs. RAM BILAS

Decided On February 11, 2014
KRISHAN Appellant
V/S
RAM BILAS Respondents

JUDGEMENT

(1.) THE compendium of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, the suit for a decree of possession by way of specific performance of the agreement to sell dated 6.1.1999, filed by Ram Bilas son of Rati Ram, respondent No.1 -plaintiff -decree holder (for brevity "the DH") against Ishwar Singh son of Masudi respondent No.2 - defendant -Judgment debtor (for short "the JD") was decreed, by means of judgment and decree dated 24.1.2009 by the trial Court. It is not a matter of dispute that the pointed decree has already attained the finality.

(2.) CONSEQUENTLY , the DH has filed the execution petition to execute the decree. Petitioners Krishan and Inder ss/o Prabhu Ram (third party objectors) filed the objections petition (Annexure P2) on the ground that as they have subsequently purchased the land, including some portion of land in litigation from the previous owner Sudhir, Indro Devi and others, vide registered sale deed dated 28.4.2011, therefore, the decree cannot be executed against them qua the land purchased by them. The DH refuted the claim of objectors, filed the reply (Annexure P3), stoutly denied all the allegations contained in the objections petition and prayed for its dismissal.

(3.) TAKING into consideration the facts and entire material on record, the executing Court dismissed the objection petition of the petitioners, by virtue of impugned order dated 25.1.2014 (Annexure P4).