JASMER SINGH Vs. FAKIRIA

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India to challenge the order dated 21.9.2007 attached as Annexure P.7 passed by the learned Executing Court, Kurukshetra dismissing the execution application moved by the petitioner.

(2.) THE petitioner filed a suit for declaration to the effect that the agreement to sell dated 3.4.1984 and 21.4.1984 alleged to be executed by the plaintiff in favour of defendant No. 1 for the sale of suit land measuring 53 kanals 12 marlas was illegal, null and void, inoperative, ineffective, ultra vires and executed by misrepresentation of the facts and fraud. The agreement to sell was said to be inexecutable, fake, fabricated, without consideration and not binding on the rights of the plaintiff.

(3.) THE petitioner moved an application for execution of the said decree in which judgment debtor Fakiria filed objections claiming that the decree was inexecutable as no decree for specific performance was passed in favour of the petitioner. Objections filed by the judgment debtors were dismissed by the executing court by way of order dated 11.3.2004.