VIJAY PAL SINGH Vs. MADAN SINGH

JUDGEMENT

(1.) The present revisional petition is directed against the order dtd. 8/10/2018, (Annexure P-4) passed by the Ld. Civil Judge (Junior Division), Rewari, in Execution Case No.249/2016.

(2.) Vide the impugned order, the objections against the execution filed on behalf of the petitioner, who was one of the judgment debtors in the original Decree which was the subject matter of the execution, were dismissed. It transpires that an Agreement for Sale of the Decretal Property was executed by another judgment debtor and Rohtash in favour of one Khushi Ram (original defendant No.2) on 13/8/2003. The said Khushi Ram on the strength of the aforesaid Agreement to Sell itself, and without having acquired complete title over the Decretal Property by way of any registered Deed of Sale, in turn entered into another Agreement to sell the said property in favour of the plaintiff/decree holder on 5/9/2003. Consequently, the said plaintiff subsequently filed his Suit for Specific Performance not only against Rohtash and Khushi Ram, but also against two other defendants, namely Bijender and Vijaypal. That was so because on 15/8/2003, Rohtash executed a registered Sale Deed in favour of Bijender for a portion of the Decretal Land, and on that very date, the said Bijender in turn executed another registered Sale Deed in favour of the petitioner/judgment debtor qua the same land.

(3.) The Suit was decreed in favour of the plaintiff/decree holder and the Appeal preferred against the same was dismissed.