- (1.) Objectors Mohinder Singh etc. by filing this revision petition under Article 227 of the Constitution of India have challenged orders dated 12.06.2010 Annexures P-17 and P-18 passed by executing Court i.e. learned Civil Judge (Senior Division), Karnal thereby dismissing objections filed by the petitioners in the execution petition and ordering issuance of warrant of possession. Respondents No. 1 to 4 decree holders filed execution petition against Jai Bhagwan judgment debtor (since deceased and represented by respondents No. 5 to 9 as his legal representatives).
(2.) Suit of decree holders/respondents No. 1 to 4 herein for possession of 2 bighas land being Eastern part of Khasra No. 7284/1(5-10) by specific performance of agreement to sell was decreed by trial Court vide judgment and decree dated 28.04.2001 Annexures P-3 and P-4. Decree holders have filed execution petition for execution of the said decree. In the execution petition, petitioners and proforma respondents No. 10 to 15 filed objections alleging that relief of possession was not granted in the decree and, therefore, possession cannot be delivered to decree holders. It was also alleged that suit land has been acquired by State for carving out a colony by Haryana Urban Development Authority and the decree holders themselves moved application that compensation amount be not disbursed to judgment debtor. Objectors also claimed to be cosharers in the land in question. They alleged that they have constructed their house over a portion of the land since long. Objectors also got released 2 bighas 18 biswas land of their residential houses by filing writ petition. Entire acquired land is in possession of the Land Acquisition Collector.
(3.) Decree holders resisted the objections and pleaded that there is decree and consequent sale deed in their favour regarding specific two bighas land being Eastern part of Khasra No. 7284/1 and, therefore, they are entitled to take possession of the said land. Possession of the suit land had been handed over at the time of agreement to the decree holders and, therefore, they did not claim relief of possession in the suit, but after passing of decree, judgment debtor succeeded in dispossessing the decree holders and, therefore, they are entitled to seek possession from the judgment debtor. Various other pleas were also raised.;