AKASHDEEP SINGH Vs. HARJINDER SINGH AND ORS.

JUDGEMENT

(1.) CM No. 2230 -Cll of 2015

(2.) APPLICATION is allowed and judgment dated 26.05.2009 (Annexure A -6) passed by Additional Civil Judge (Senior Division), Ferozepur, is taken on record.

(3.) THE facts of the case briefly are that respondent No. 1 filed a suit for specific performance of agreement to sell dated 16.05.2002, executed by respondent No. 2 in respect of 19 kanals of the land for a consideration of Rs. 5 lacs. An amount of Rs. 4,60,000/ - was paid towards part of the sale consideration at the time of execution of the agreement and rest of the amount was to be paid at the time of execution of the sale deed. The target date for execution of the sale deed was 15.11.2002. However, respondent No. 2 -defendant No. 1 executed the sale deed dated 10.10.2002 in favour of his sons i.e. defendants No. 2 to 4 in the suit. All the three sons of respondent No. 2 died during pendency of the suit and their legal representatives were brought on record and the petitioner is one of the legal representative of Balwinder Singh son of Gurcharan Singh, the vendor. The trial Court vide judgment dated 26.05.2009 (Annexure A -6) granted decree for alternative relief for recovery of Rs. 4,60,000/ - alongwith interest. Appeal was filed by respondent No. 2 -defendant No. 1 against the decree passed by the trial Court and plaintiff -respondent No. 1 also filed cross -objections. The Appellate Court allowed the cross -objections and suit for specific performance of agreement to sell was decreed on 22.12.2011. It is not in dispute that the decree of the Appellate Court has attained finality. When the decree was sought to be enforced by filing execution, that the petitioner filed objections on the ground that the disputed property was ancestral coparcenary joint Hindu family property. Judgment Debtor (JD) No. 1 acquired the property from his father for which mutation No. 457 was sanctioned on the basis of inheritance from his father Santa Singh. It was further stated that JD No. 1 cannot sell the property without legal necessity and benefit to the estate.