C.R. No. 1693 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 1693 of 2008 Date of Decision : 16.7.2009 Budh Ram .......... Petitioner Versus Jaswinder Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr.Arihant Jain, Advocate for the petitioner. Mr. Parvez Akhtar, Advocate for Mr. Mohd. Yousaf, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 16.2.2008, passed by the learned Civil Judge (Jr. Divn.), Malerkotla, whereby the application moved by the petitioner for grant of symbolic possession in pursuance to the execution of the sale deed by the Court in execution of Court decree in a suit for specific performance, has been declined. The learned executing Court dismissed the application, by recording a finding that the sale executed was with respect to the specific portion, therefore, decree-holder was to be given actual possession subject to partition. The finding of the learned executing Court cannot be accepted. The decree passed in favour of the respondent-decree-holder reads as C.R. No. 1693 of 2008 2 under :- “(A) Suit for possession ( as owner ) ofland measuring 8 Biswas as 160/5525 share out of land measuring 13 Bighas 16 Biaswas and 5 Biswasis bearing Khata No. 4/13 Khasra No. 1161/1090/890/461 Min ( Gain Mumkin) situated at village Jitwal Kalan, Tehsil Malerkotla, according to the Jamabandi for the year 1995-96 and bounded as :- East : Gurcharan Singh West : Rasta North : Land of defendant; & South : Sadhu Singh, Sukhdev Singh By way of specific Performance of Agreement to sell dated 15.1.1999 on payment of Total Sale consideration of Rs. 1,00,000/- ( Rupees one lacs) after deducting an amount of Rs. 86,000/- ( Rupees eighty six thousand ) paid as advance money by the plaintiffs to the defendant i.e. on payment of balance sale consideration of Rs. 14,000/- ( Rupees Fourteen Thousand) or on payment of any other amount as directed by the Hon'ble Court; AND in the alternative Suit for possession of above suit land : AND FURTHER in the alternative Suit for recovery of Rs. 1,00,000 ( Rupees One Lac) as detailed below : Rs. 86,000/- paid by the plaintiff to the defendant as advance money plus Rs. 14,000/- as damages thus totaling Rs. 1,00,000/- ( Rupees One Lac); (B) Suit for permanent injunction Prohibitory injunction restraining the defendant from forcibly and illegally dispossessing the plaintiff from land measuring 8 Biswas as detailed in head note “A” of the plaint and further restraining the defendant from alienating the aforesaid C.R. No. 1693 of 2008 3 land in any manner to anybody except the plaintiff; or any other relief. Value of the suit for the purposes of court fee and jurisdiction is Rs. 1,00,000/- + 130-00 and court fee Rs. 3325/-. This suit is coming on 6.3.2002 for final disposal before me in the presence of Shri S.K. Aggarwal, Advocate for the plaintiff Sh. G.S.Chahal, Advocate, counsel for defendant. It is ordered that suit of the plaintiff succeeds and the same is hereby decreed for possession by way of specific performance of agreement to sell dt. 15.1.99 of suit land on payment of total consideration of Rs. One Lac, after adjusting Rs. 86,000/- being paid as earnest money on payment of balance amount of Rs. 14,000/- in the court, within a period of two months. In case, defendant fails to execute the sale deed in favour of plaintiff, then plaintiff shall be entitled to get the sale deed executed through the agency of the court. Further the defendant is also restrained from alienating the suit property to any one else or dispossessing the plaintiff from the suit property.” The decree was not for specific portion but qua share. The revision is accordingly allowed. The impugned order dated 16.2.2008 is set aside. The case is remanded back to the learned executing Court to decide the application afresh in accordance with law. Revision allowed. 16.7.2009 ( VINOD K. SHARMA ) 'sp' JUDGE