JAI KUMAR Vs. SWARAN SINGH

JUDGEMENT

(1.) Petitioner has challenged the orders dated 20.02.2016 and 22.03.2016 vide which objections filed by the petitioner were dismissed and the police help was granted for execution of the warrant of possession.

(2.) Brief facts are that the plaintiff/respondent filed a suit for specific performance of agreement to sell dated 25.05.2005 in respect of 8 kanals of land, directing the defendant to get the sale deed executed and registered in favour of the plaintiff after receiving the balance sale consideration of Rs. 1,49,275/- and further directing to handover the possession of the land as shown in para No. 1 of the plaint. Plaintiff pleaded that defendant is owner of agricultural land measuring 8 kanals 0 marlas i.e. 160/1280 shares of total land measuring 64 kanals 0 marlas as per jamabandi for the year 2001-02 situated in the revenue estate of village Ghari Balal, Tehsil Gharaunda, District Karnal. Defendant agreed to sell the suit land to the plaintiff vide agreement to sell dated 25.05.2005 for a total sale consideration of Rs. 3,00,000/- and received a sum of Rs. 1,50,725/- as earnest money. 25.05.2005 was the target date for execution and registration of the sale deed on receipt of balance sale consideration of Rs. 1,49,275/-.

(3.) Trial Court decreed the suit vide judgment and decree dated 07.12.2010. The decree was passed to the following effect:-