SUBHASH CHANDER Vs. PHOOLWATI

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Additional Civil Judge (Senior Division), Tohana dated 2.12.2008 and the order dated 7.4.2009 passed by the Addl. District Judge, Fatehabad, dismissing the objections filed by the appellants under Order 21 Rule 97 of the Code of Civil Procedure, 1908 (in short, 'the C.P.C).

(2.) BRIEF facts culled out from the available record are that respondent Nos. 1 to 6 filed a Civil Suit No. 495 dated 4.4.1995 against respondent No. 8 for possession by way of specific performance of an agreement to sell dated 4.6.1991 in respect of agricultural land measuring 23 kanals 5 marlas comprised in Khasra No. 305//16(7 -12), 17/1(1 -8), 24(8 -0), 15/1(5 -1), 23 min (1 -4) situated at Tohana, Tehsil Tohana, District Fatehabad.

(3.) THE Civil Judge (Senior Division), Tohana, vide his judgment dated 5.2.2001, decreed the suit of respondent Nos. 1 to 6 against respondent No. 8 and directed him (respondent No. 8) to execute the sale deed in favour of respondent Nos. 1 to 6 in accordance with the terms and conditions of the agreement to sell and to hand over possession to them within three months from the date of the order. Respondent No. 8 was also restrained from alienating the suit land to any other person..