KALICHARAN Vs. ROOMALI

JUDGEMENT

(1.) This revision petition has been filed by the petitioners- Non applicants (for short, 'the Non Applicants') against the order dtd. 16/3/2017 passed by Addl. District Judge No.4, Bharatpur (for short, 'the Executing Court') in Misc. Application No. 2/2015, whereby the application filed by the objectors-applicants (for short, 'the applicants') under Sec. 47 readwith Order 21 Rule 97 and 101 CPC has been allowed and the judgment and decree dtd. 13/1/2004 has been declared inexecutable and resultantly the execution petition no. 112/2014 titled Kalicharan versus Hari Singh has been dismissed.

(2.) Facts of the case are that about 2 1/2-3 years ago from 20/1/1990, an oral agreement to sell was alleged to be entered into by Mauli Ram with Kali Charan in relation to 1 bigha and 3 biswa of land situated in khasra no. 828, kasba Bharatpur Chak No.1, Tehsil and Distt. Bharatpur in a sale consideration of Rs.64,400.00, out of which Rs.60,000.00 in cash were said to be given by Kali Charan to Mauli Ram at that time and possession of the land in question was handed over to Kali Charan. Subsequently on 20/1/1990, agreement to sell was executed and the balance sale consideration of Rs.4400.00 in cash were received by Mauli Ram. Since the land in question was under acquisition by UIT, Bharatpur, it was agreed that whenever the said land would be released from UIT, Bharatpur, Mauli Ram would execute the sale deed in favour of the purchaser or the person nominated by Kali Charan. It was further mentioned that if the said land is not released and if compensation is given by UIT, Bharatpur, then the purchaser would be entitled to get compensation of the land in question.

(3.) Subsequently Mauli Ram expired. Kali Charan filed the suit for specific performance of the agreement against the sons of Mauli Ram and UIT, Bharatpur. A compromise was arrived at and on that basis, on 13/1/2004 a compromise decree came to be passed. An execution petition was filed. In the said execution petition, Rumali wife of Mauli Ram and Leelawati, daughter of Mauli Ram filed objections under Sec. 47 readwith Order 21 Rule 97 and 101 CPC, which were replied by the non applicants. After hearing the arguments, the executing Court vide its order dtd. 16/3/2017 allowed the objections, declared the judgment and decree dtd. 13/1/2004 inexecutable and dismissed the execution petition no. 112/2014. Hence, this revision petition has been filed.