SURESH SETH Vs. BANARSI DASS SHARMA

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for quashing order dated 29.10.2015 [Annexure P/2] passed by Executing Court while dismissing the objections filed by the petitioner and the judgment dated 4.12.2015 [Annexure P/3] passed by lower Appellate Court and order dated 5.10.2015 [Annexure P/4] passed by the Executing Court.

(2.) Relevant facts of the case; that the main suit titled Banarsi Dass Sharma Vs. Shri Suresh Seth for specific performance was decreed by the Court of Civil Judge [Senior Division], Yamuna Nagar on 7.5.2014 and the appeal against the said judgment was dismissed by the Court of first Appeal vide judgment and decree dated 4.12.2015. The objection petition filed before the Executing Court was dismissed vide order dated 29.10.2015 [Annexure P/2] and the petitioner has challenged the judgments and decrees passed by both the Courts below as well as the order passed by the Executing Court on the ground that the same are illegal and are liable to be set-aside.

(3.) Learned counsel for the petitioner while assailing the said judgments and decrees and order passed by the Executing Court mainly took the plea that as per the judgments of Courts below, in a suit for specific performance, No Objection Certificate regarding land in question was to be obtained within two months, failing which the defendant would be liable to pay the earnest money to the plaintiff. The Executing Court could not go behind the decree and provide relief and condition regarding issuance of no objection certificate was not complied with. To support his contention, reliance has been placed on the judgments of Hon'ble Apex Court in Century Textiles Industries Ltd. Vs. Deepak Jain & Anr., 2009 2 RCR(Civ) 614 and Deepa Bhargava & Anr. Vs. Mahesh Bhargava & Ors, 2009 1 RCR(Civ) 507 . He further submitted that both the Courts below failed to consider the facts and circumstances of the case and prayed that the judgments and orders, Annexures P/2 to P/4 are liable to be set-aside.