MD.HANIF KHAN Vs. NARESH PRASAD

JUDGEMENT

(1.) CHALLENGE in this writ application is to the order dated 13.01.2008 passed by the Sub -Judge -IX, Ranchi in Miscellaneous Case No. 1/2000 filed by the petitioner/defendant whereby the prayer of the petitioner made under Section 47 read with Section 151 of the Code of Civil Procedure for dismissing the Execution case No. 9/98, was rejected.

(2.) COUNTER affidavit has been filed on behalf of the respondents.

(3.) FACTS of the petitioner's case in brief is as follows : - An agreement dated 06.09.1990 was entered into by and between the plaintiff/respondents and the petitioner/defendant along with his sister under which the plaintiff had agreed to purchase 23 1/2 decimals of land in Plot No. 115 and 11 decimals in Plot No. 163, 164 and 166, total measuring 34 1/2 decimals situated under Khata No. 21 at village Samlong, P.S. - Namkum, District - Ranchi. The plaintiff filed Title suit No. 94 of 1990 in the court of Sub - Judge -V, Ranchi against the defendant/petitioner for specific performance of contract and to execute and register the deed of sale. During the pendency of the suit, the parties had effected a compromise between themselves and on the basis of the compromise petition, had jointly approached the trial court for a decree in terms of the compromise. The trial court, after considering the terms contained in the compromise petition and the statements of the parties, decreed the suit on compromise by making the compromise petition as part of the decree. The terms and conditions of compromise as noted in the decree, included inter -alia - (i) That the plaintiff had agreed to purchase 20 1/2 decimals of land from the defendant @ Rs. 13,500/ - per katha of land and the defendant had agreed to execute the sale deed and get the same registered. Equivalent Citation:2009 -JX(Jhar) -0 -1154 (ii) That the parties had agreed that the sale deed will be executed in pursuance of the agreement, within one month from the date of decree and the purchaser shall get the sale deed executed by the defendant within the period stipulated. The decree was signed and declared by the trial court on 22.09.1994.