L. N. MITTAL - (1.) JUDGMENT-debtor (JD) Krishan Kumar has filed this revision petition under Article 227 of the Constitution of India assailing order dated 18.11.2011 (Annexure P-1) passed by Executing Court i.e. learned Additional Civil Judge (Senior Division), Ratia, thereby dismissing objections filed by petitioner JD.
(2.) RESPONDENT decree-holder (DH) Dalbir Kaur filed suit against petitioner Krishan Kumar for possession of 30 kanals 16 marlas land by specific performance of the agreement to sell dated 08.07.2002. The agreement was for sale of 34 kanals 16 marlas land, but the defendant- petitioner was owner of 30 kanals 16 marlas land, and therefore, the suit was filed for 30 kanals 16 marlas land instead of 34 kanals 16 marlas land mentioned in the agreement. Parties effected compromise in the suit. Pursuant thereto, the suit was decreed in terms of compromise vide judgment and decree dated 27.05.2009 (Annexure P-5). As per terms of compromise, defendant JD was to execute sale deed of 07 kanals 10 marlas land on or before 22.06.2009, failing which respondent-plaintiff was entitled to get the sale deed of 34 kanals 16 marlas land as per agreement.
(3.) RESPONDENT DH filed execution petition alleging that in terms of compromise decree, the petitioner JD failed to execute sale deed of 07 kanals 10 marlas land on 22.06.2009. Accordingly, the plaintiff sought execution of sale deed of 30 kanals 16 marlas land.;