FAKIRA Vs. JASMER SINGH

JUDGEMENT

(1.) THE judgment Debtor is in revision petition aggrieved against the order passed by the learned Executing Court on 11.3.2004 whereby the objections filed by the petitioner against the execution of the decree dated 13.11.1987 were dismissed.

(2.) THE petitioner herein filed a suit for declaration that the agreements dated 3.4.1984 and 21.4.1984 allegedly executed by the plaintiff in favour of defendant No. 1 are illegal, null and void and inoperative. In the said suit the parties entered into a compromise on 13.11.1987. According to the terms of the compromise dated 12.11.1987 both the agreements dated 3.4.1984 and 21.4.1984 were superseded and the petitioner herein agreed to sell one acre of land i.e. the land comprised in khasra No. 51/20 measuring 8 kanals to Jasmer Singh for Rs. 10,000/-. Rs. 10,000/- was to be paid at the time of the registration of the sale deed. The parties agreed that the suit be decreed in terms of such compromise. The Trial Court passed the decree on 13.11.1987 incorporating such compromise as part of decree.

(3.) THE learned trial Court dismissed the objection and held that the compromise having thumb marked by the Judgment Debtor is valid and binding on the parties and is executable, even if it extends beyond the subject-matter of the suit. Since the execution application was filed within 12 years, the decree was said to be executable being within limitation.