KUMARI SANDEEP Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Executing Court dated 29.9.2007, whereby, the objection petition filed by the petitioners-judgment debtors was rejected and warrant of possession was issued in favour of the decree holder.

(2.) THE facts of the case, in brief, are that Mohinder Singhplaintiff had filed a suit for possession by way of specific performance with regard to the agricultural land measuring 23 kanals 17 marlas i.e. 1/3rd share of 71 kanals 12 marlas comprised in Rect. and Killa Nos :-

(3.) PLAINTIFF had filed a suit for possession by way of specific performance of agreement to sell dated 25.1.1988. As per the agreement to sell, defendants had agreed to sell 1/3rd share out of 71 kanals 12 marlas of land. Since the specific performance of agreement to sell was sought with regard to 1/3rd share in the total land measuring 71 kanals 12 marlas, provisions of Order 21 Rule 35 (2) CPC would apply to the facts of the present case. Although decree was sought for possession by way of specific performance but since vide agreement to sell dated 25.1.1988, 1/3rd share out of the total land was sought to be sold, the plaintiff would get joint possession of the suit property. Learned counsel for the respondents has failed to point out that vide agreement to sell in question, specific khasra numbers were sold to the plaintiff rather from the decree sheet dated 7.10.1996 (Annexure P-1) placed on record, it is evident that only 1/3rd share out of the total land was agreed to be sold.