RATTAN LAL Vs. JITENDER KUMAR

JUDGEMENT

(1.) The present civil revision petition has been filed being aggrieved of the order dtd. 4/2/2019 passed by Additional Civil Judge (Senior Division), Narnaul (hereinafter described as 'Civil Court') issuing warrant of possession.

(2.) The facts are that a suit for specific performance of agreement to sell dtd. 1/10/2003 for two shops (description in the plaint) was filed by the respondent-plaintiff (hereinafter described as 'the respondent'). The suit was decreed vide judgment and decree dtd. 28/8/2012. Aggrieved of the judgment and decree, the petitioner-defendant (hereinafter described as 'the petitioner') filed an appeal, the same was dismissed on 20/11/2014. The matter was taken up further in Regular Second Appeal. The second appeal was also dismissed. The respondent filed an execution application. The executing court appointed a Local Commissioner for executing the sale deed and the same was executed in favour of the decree holder-respondent.

(3.) An application was moved for delivery of possession. In the said application, a statement was made by counsel for the petitioner that he does not want to file reply to the said application. The only objection raised was that no warrant of possession should be issued as possession is already with the respondent. The executing court relied upon the contents of agreement to sell dtd. 1/10/2003 wherein it was mentioned that possession of ownership would be handed over to the respondent on execution of the sale deed. The executing court ordered that warrant of possession be issued for 11/2/2019. Aggrieved of this order, the present civil revision petition has been filed.