TARA HANDA Vs. AMARJIT NANGLOO AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 19.10.2015 passed by the learned Additional Civil Judge (Senior Division), S.A.S. Nagar, Mohali in Exe/0001612/2013, whereby on the basis of the objection petition filed by respondent no. 1 Amarjit Nangloo, the execution petition filed by the petitioner has been dismissed.

(2.) The brief background giving arise to file the present revision petition is that respondents no. 1 and 2 executed an agreement to sell dated 22.02.2008 in favour of the petitioner for the sale of a plot measuring 10 Marlas for a sum of Rs. 15 lacs. It is alleged that Rs. 13 lacs were paid in cash as earnest money by the petitioner. Respondent no. 1 filed a suit for mandatory injunction against respondents no. 2 to 4 directing them to execute the sale deed in his favour in terms of the agreements to sell dated 24.06.2006 and 22.02.2008. The said suit was taken up before the Lok Adalat. On the basis of the compromise between the parties, the learned Presiding Officer/Civil Judge (Junior Division) Mohali, decreed the suit filed by respondent no.1 as per the compromise deed dated 17.12.2009 (Annexure P-2). The said compromise deed was made the part of the decree. In the said compromise, it was mentioned that respondent no.1 has sold the plot measuring 250 sq. yards to petitioner-Smt. Tara Handa. It was further mentioned that she can get executed the sale deed through Narinder Singh Bhatia-respondent no. 2 as he is the nominee in the land sold by Amarjit Nangloo. The plots carved out by them were also numbered. Plot no. 4 was allocated to the present petitioner. The possession of the said plot was to be handed over after proper measurement at the site. It was further mentioned that respondent no.1 would have no objection regarding execution and registration of the sale deed of the plots in favour of the petitioner and other purchasers through Narinder Singh Bhatia, his nominee/special power of attorney. Certain other terms and conditions were also settled in the compromise dated 17.12.2009. On the basis of this compromise, the compromise decree dated 19.12.2009 was passed by the learned Civil Judge (Junior Division), Mohali. Thereafter, the present petitioner has filed the execution petition for the execution of the decree dated 19.12.2009 claiming that she has purchased plot no. 4 measuring 250 sq. yards from respondent no. 1 Amarjit Nangloo, the first party in the compromise and the sale deed is to be executed and got registered by Narinder Singh Bhatia-respondent no. 2 and respondent no. 1 would have no objection. Thus, she claimed herself to be the decree holder(hereinafter called 'DH') as the right had accrued to her in view of the judgment and decree dated 19.12.2009.

(3.) During the pendency of the said execution petition, two objection petitions were preferred. One execution petition was filed by Kartara Devi claiming herself to be the purchaser of the plot from the present petitioner. The second objection petition has been preferred by respondent no. 1-Amarjit Nangloo, in whose favour decree dated 19.12.2009 was passed.