Civil Revision No. 3787 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3787 of 2011 Date of Decision: 25.8.2011 Mohinder Singh ... Petitioner Versus Darshan Singh and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Mandeep Singh Sachdev, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. The present revision petition has been filed under Article 227 of the Constitution of India on behalf of the judgment debtor praying that the order dated 22.3.2011, passed by the Executing Court i.e. Civil Judge (Junior Division), Nakodar, whereby the objections filed by the judgment debtor were dismissed, be set aside. Briefly stated, case of the petitioner is that the respondents/plaintiffs have filed a suit for specific performance of an agreement to sell dated 2.7.1996 in respect of the land measuring 11 kanals 8 marlas, detail and description whereof has been given in the decree which formed part of the judgment dated 4.6.2008 (Annexure P2) and the same reads as under:- “i) “Land measuring 4 kanal 15 marlas being Civil Revision No. 3787 of 2011 2 95/203 share of 10 kanal 3 marlas K/K No. 3555/4201 Khasra No. 150//4/3(0-13), 6/2 (1-12), 7(7-18). ii) Land measuring 6 kanal 14 marlas being 134/223 share of 11 kanal 3 marlas being 2/3rd share of 16 kanal 15 marlas being ½ share of 33 kanal 11 marlas comprised in K/K No. 3772/4467 to 4471, khasra Nos. 150//26(0-4), 6/1(5-0), 2(1-8), 5/3(1-14), 3/2 (1-12), 4/2(1-17), 8/1 (4-18), 15/2 (3- 11), 150//14/2(4-0), 15/1(3-8), 16/2(1-3), 17/1(1-16), 1655/1(0-8) with all rights of ingress and outgress situated in the area of Nakodar, District Jalandhar...” After the suit was decreed, it was specifically ordered that suit for specific performance of an agreement to sell dated 2.7.1996 Ex.P1 for the land measuring 11 kanals 8 marlas is decreed with costs and the plaintiffs were directed to deposit the balance sale consideration within a period of two months from the date of decree i.e. 4.6.2008 and the defendant/judgment debtor was directed to execute the sale deed in favour of the plaintiffs within a period of one month failing which the plaintiffs were entitled to get the sale deed executed with the intervention of the Court. After the judgment and decree had attained finality, the objections (Annexure P3) were filed by the judgment debtor praying that the land measuring 8 kanals 13 marlas comprised in khewat/khatauni Civil Revision No. 3787 of 2011 3 No. 3772/4467 to 4471, khasra Nos. 122/16/1(0-5), 25/1/2(0-5), 28/2(0- 14), 150//26(0-4), 6/1(5-0), 15/2(1-8), 5/3(1-14), 16/2(1-3), 17/1(1-16), 1655/1(0-8), 3/2(1-12), 4/2(1-17), 8/1(4-18), 13/2 (3-11), 14/2(4-2), 15/1 (3-8), 14/1(2-12) situated in Nakodar, District Jalandhar as per jamabandi for the year 1993-94 has got nothing to do with the decree passed and this property is liable to be excluded from the execution proceedings. The exclusion was sought on the grounds that agreement Ex.P1 was dated 2.7.1996, whereas this property was purchased by the judgment debtor vide sale deeds No. 3103 and 3104 dated 20.12.1996, therefore, they could not form part of the agreement to sell Ex.P1. In nutshell, it was pleaded that the property measuring 8 kanals 13 marlas was purchased after six months of the execution of the sale deed. Hence, they could not form part of the agreement to sell dated 2.7.1996. To appreciate this contention, it will be necessary to go through the judgment dated 4.6.2008 (Annexure P2). A perusal of paragraph No.7 of the judgment, on the basis of which the decree was issued, will reveal that the land measuring 26 kanals 15½ marlas, as stated by the plaintiffs, was previously owned by Mukesh Kumar, Ram Lubhaya, Kaushalya etc. They entered into an agreement to sell dated 19.6.1996 in favour of Mohinder Singh, defendant/judgment debtor and received the earnest money. Thereafter, the defendant had paid them additional money of ` 2,50,000 on 1.7.1996 and had paid total amount of ` 10,00,000 to Mukesh Kumar etc. in pursuance of an agreement to sell dated 19.6.1996. Thereafter, on the strength of agreement to sell dated 19.6.1996 Mohinder Singh, defendant/ judgment debtor, had executed an agreement to sell on 2.7.1996 with the plaintiffs agreeing to Civil Revision No. 3787 of 2011 4 sell 2/3rd share of land in dispute measuring 26 kanals 18 marlas. Therefore, the Executing Court, while rejecting the objections (Annexure P3), has rightly held in the impugned order (Annexure P1) that the Executing Court is bound to act in consonance with the judgment and decree and cannot go beyond the same. The judgment debtor having strongly contested the civil suit on this very ground cannot re-agitate and raise the objections. In view of the well reasoned finding given by the Executing Court, no interference is warranted in the present revision petition and the same is hereby dismissed. (Kanwaljit Singh Ahluwalia) Judge August 25, 2011 “DK”