DHARAM PAL Vs. DARBARA SINGH

JUDGEMENT

(1.) This is a Civil Revision filed by Shri Dharam Pal and, it has been directed against the order dated 16.3.1998, passed by the Court of Additional Civil Judge, (Senior Division) Sultanpur Lodhi, District Kapurthala, vide which, it was held by the executing Court that the decree obtained but Shri Dharam Pal, is inexecutable against the judgment-debtor No. 9. Resultantly, the objections of judgment-debtor No. 9 were allowed to sustain and the execution application was dismissed.

(2.) To examine the legality of the order, it has become necessary for me to incorporate in brief what happened in the past. Shri Dharam Pal, petitioner, filed a suit for possession by way of specific performance of the agreement to sell dated 28.11.1984 executed by Shri Bahal Singh who was the father of defendants No. 1 to 7 and husband of defendant No. 8, with regard to the suit property mentioned in the Head Note of the plaint itself. The total consideration of the sale was Rs. 11,000/-. The plaintiff Shri Dharam Pal also prayed for a declaration that the sale-deed executed by defendants No. 1 to 8 in favour of defendant No. 9, Thaman Singh (Objector) before the executing Court and also the mortgage deed executed by Thaman Singh in favour of defendant No. 10, Land Mortgage Bank Limited, had no effect on the rights of the plaintiff.

(3.) The contest was given by the defendants. Separate written statements were filed by defendants No. 1 to 8, defendant No. 9 and defendant No. 10.