- (1.) THE present revision petition has been filed by the petitioner -objector under Section 115 of CPC, challenging the order dated 03.05.2007 passed by the Additional District Judge No.1, Jaipur City, Jaipur (hereinafter referred to as "the executing court") in execution case No.12/86, whereby the executing court has dismissed the application of the petitioner -objector filed under Section 47 of CPC.
(2.) THE factual matrix giving rise to the present revision petition are that the Jagirdar Badiuddin Khan had three sons named Gulam Mohiuddin Khan, Saeeduddin Khan and Hamiduddin Khan. The said Badiuddin died in the year 1950. His son Ghulam Mohiuddin died issueless on 9/11/1989. Hamiduddin died in 1991 leaving behind four sons and two daughters. The third son Saeeduddin died on 16/11/2000, leaving behind his wife Akhtar, one daughter named Mahajabin and one son named Tariq. It appears that one Shri Ahsan Ahmed and Shri Rehan Ahmed had filed one suit being No.13/1972 on 23/2/1972 in the Court of Additional District & Sessions Judge No.1, Jaipur City, Jaipur (hereinafter referred to as "the trial court") seeking specific performance of the agreement dated 4/10/1967, allegedly executed by the said Gulam Mohiuddin and Saeeduddin in respect of the suit properties being municipal No.52 to 57. The said suit was contested by the said defendants Gulam Mohiuddin and Saeeduddin by filing two separate written statements. It appears that on 28.07.1977, the plaintiff Ahsan Ahmed was transposed as the defendant in the suit. Thereafter on 11.05.1978, one compromise was entered into between the plaintiff Rehan Ahmed and Gulam Mohiuddin -defendant No.1. In the said compromise the said plaintiff Rehan Ahmed stated that he did not want to claim any relief against the defendant No.2 Saeeduddin, and therefore the suit be dismissed against him. It further appears that however the said compromise could not be verified or attested before the court and the same remained pending on the file. Thereafter, on 09.05.1979, the said suit was dismissed for default, however, the same was restored on the same day by the court as the compromise was to be recorded. On the very day i.e. on 09.05.1979, the plaintiff Rehan Ahmed and defendant Gulam Mohiuddin submitted another compromise application, which was recorded by the court. On the basis of the said compromise, the trial court passed the decree on S.B. Civil Revision Petition No.95/2007 09.05.1979, which reads as under: - "1. 11 -5 -78 ( ) 25,000 1 1 1 1000 ... 1 2. 2 1 1 3. 4. : 5. 28 -7 -77 : "
(3.) IT appears that thereafter on 19/3/1986, the Execution Petition being No.12 of 1986 came to be filed by the plaintiff -decree holder Rehan Ahamad against the defendant -judgment debtor Ghulam Mohiuddin . In the said petition, the said judgment debtor Ghulam Mohiuddin filed an application on 6/2/1988 under Section 28 of the Specific Relief Act seeking recession of the contract, on the ground that the decree holder Rehan Ahamad had failed to make the payment of Rs.25,000/ - as per the decree in question. During the pendency of the said application under Section 28, the said judgment debtor Ghulam Mohiuddin died on 9/11/1989, executing a Will dated 27/6/1979 in favour of his nephew General Tariq, who happened to be the son of his brother Saeeuddin. The Executing Court impleaded the said General Tariq as the legal representative of the said judgment debtor Ghulam Mohiuddin as per the order dated 3/9/1998. The Executing Court thereafter dismissed the said application of late Shri Ghulam Mohiuddin filed under Section 28 of the Specific Relief Act, vide the order dated 9/12/1998. Being aggrieved by the said order, the said General Tariq as the Legal Representative of Ghulam Mohiuddin filed the revision petition being S.B. Civil Writ Petition No. 55 of 1999 before the High Cort, which came to be dismissed by the High Court vide the order dated 2/6/2005. The Special Leave Petition filed before the Supreme Court against the said order was also dismissed on 11/8/2006.;