PRADEEP KUMAR AGARWAL Vs. SABITA DEVI AND ORS.

JUDGEMENT

(1.) This civil revision has been preferred by Pradeep Kumar Agarwal -opposite party/petitioner against the judgment dated 7th June, 2014 passed by learned District Judge -I, Deoghar in Civil Misc. Appeal No. 11 of 2009, whereby and whereunder, learned Lower Appellate Court has been pleased to dismiss the appeal filed against the order dated 4th December, 2009 passed by learned Sub -Judge -II, Deoghar in Misc. Case No. 11 of 2008, arising out of Title Execution Case No. 2 of 2002, on a petition filed by Respondent -Sabita Devi under Order XXI, Rule 99 read with Rule 97 and Sec. 151 of the Code of Civil Procedure. The fact, in brief, is that the petitioner -Pradeep Kumar Agarwal filed Title Suit No. 25 of 2001 against defendant -Radhika Rautain for specific performance against agreement to sell dated 20th December, 1998 executed by defendant -Radhika Rautain. In Title Suit No. 25 of 2001, the defendant -Radhika Rautain did not appear, as a result ex parte decree in favour of plaintiff/petitioner -Pradeep Kumar Agarwal was passed.

(2.) On the other hand, case of Sabita Devi -Opposite Party No. 1 is that she got the suit property on the basis of a deed of sale executed and registered on 4th January, 1999 by Radhika Rautain, the original owner and since then she has been enjoying her peaceful possession over the suit property. She also got her name mutated in the year 2004 -05. She got a building plan sanctioned from Deoghar Municipality in the year 2005 and constructed a house thereon.

(3.) The petitioner -Pradeep Kumar Agarwal filed Title Execution Case No. 2 of 2002 for execution of the decree passed in Title Suit No. 25 of 2001, but it was objected by Sabita Devi by filing a petition under Order XXI, Rule 99 read with Rule 97 and Sec. 151 of the Code of Civil Procedure and the said petition was registered as Misc. Case No. 11 of 2008. The decree holder -Pradeep Kumar Agarwal and objector -Sabita Devi filed their documents and adduced evidences and after considering the documents and evidences brought on record by both the parties, learned Sub -Judge -II, Deoghar vide order dated 4th December, 2009 decided the petition in favour of objector -Sabita Devi and directed the decree holder -Pradeep Kumar Agarwal to restore possession of Sabita Devi over the suit property.