VAIDIK SHIVDUTT JOSHI Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) S.B. Civil Revision Petition No. 218/2019 has been filed by the petitioners-defendants-judgment debtors (for short, 'the defendants-judgment debtors') against the order dtd. 29/8/2019, whereby the objections filed by the defendants-judgment debtors under Sec. 47 read with 151 CPC have been rejected by the Executing Court. S.B. Civil Revision Petition No. 270/2019 has also been filed by the defendants-judgment debtors against the order dtd. 29/8/2019, whereby the application filed by the respondents-plaintiffs-decree holders (for short, 'the plaintiffs-decree holders') under Sec. 148 of CPC read with Sec. 28 of the Specific Performance Act was allowed by the Executing Court.

(2.) Facts of the case are that Vaidik Shiv Dutt Joshi entered into an agreement on 2/3/1988 with Shakuntala Devi to sell a house (municipal No. 4136 to 4139 southern side), Chowkdi Purani Basti, Langar Ke Balaji, Jaipur in a sale consideration of Rs.5,30,000.00. In this regard, Rs.31,000.00 in cash were paid on 2/3/1988 by the plaintiffs-decree holders and a cheque of Rs.50,000.00 of Corporation Bank was given by the plaintiffs-decree holders to the defendants/judgment debtors as a part performance of the agreement. In consequence of the said agreement, on 2/3/1988 actual physical possession of some part of the property was handed over by the defendants-judgment debtors to the plaintiff-decree holders. After having received the amount of the cheque of Rs.50,000.00, actual physical possession of some part of the property was also said to be given by the defendants-judgment debtors to the plaintiffs-decree holders. On 11/3/1988, Vaidik Shivdutt Joshi, original defendant executed a Will in favour of her daughter Smt. Kamleshwari and three grand daughters.

(3.) In the year 1991, the plaintiffs-decree holders filed a suit, wherein it was pleaded that as per the terms of the agreement, the defendants-judgment debtors did not hand over the entire suit property by getting it vacated from the tenants nor executed sale deed in their favour nor they obtained No Objection Certificate from the Income Tax Department.