SAROJ BALA Vs. ISHWAR CHAND

JUDGEMENT

(1.) The decree holder's petition, for, a direction being pronounced, upon, the respondent/petitioner herein, to, through a registered of conveyance, alienate her ¼th share, borne in the suit property, bearing Khasra Nos. 532, 534, 536, 537, and, Kh. No. 538, total measuring 81-06 sq. meters, corresponding, to, new Khasra Nos. 1005, 1007, 1008, 1009, 1010, situated in Mohal Ranital, Nahan, District Sirmaur, stood, decreed by the learned trial Court, and, the apt decree rendered by the learned trial Court, has, uncontrovertedly acquired conclusivity.

(2.) The decree holder/respondent herein, proceeded to, hence put to execution, the, conclusive binding decree, recorded by the learned trial Court, by his casting therebefore, an, execution petition. The proposed sale deed for its, hence, being ordered, to be completely executed, and, registered before the Sub Registrar concerned, was tendered by the decree holders, before the learned executing Court. However, the learned executing Court, had, after paragraph No.1, of, the apt draft of the sale deed, ordered for incorporation therein, the, hereinafter extracted contested recitals:-

(3.) Per contra, the learned counsel for the decree holder, has placed reliance, upon, a judgment rendered by the Honourable Apex Court, in a case titled, as, Topanmal Chhotamal vs. Kundomal Ganga Ram and others, 1960 AIR(SC) 388, relevant paragraph No.4 whereof, stands extracted hereinafter:-