Chand Singh (Deceased) Through His Lr Baldev Singh v. Bant Singh And Others

2023:PHHC:145591 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 3130 of 2019 Date of Decision: 16.11.2023 Chand Singh (Deceased) through his Legal Representative ... Petitioner(s)

Versus

Bant Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Arun Jindal, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

The petitioner herein is a judgment debtor. A decree for possession by way of specific performance of the agreement to sell was passed against him on 17.01.2006. Pursuant to the aforesaid decree, the sale deed was registered in favour of the plaintiff (decree holder). Thereafter, the possession of the property was also delivered to the decree holder. The petitioner filed an objection petition before the Executing Court on the ground that the agreement to sell is not registered, therefore, the decree could not be passed. The Executing Court dismissed the objection petition. 2.

The learned counsel representing the petitioner submits that the suit property was joint, therefore, the possession could not be delivered to the decree holder. On the request of the Court, the learned counsel representing the petitioner failed to draw the attention of the Court to any such objection taken before the Executing Court from the impugned order. In the revision petition, this Court is not expected to entertain an absolutely DEEPAK KUMAR BHARDWAJ 2023.11.21 10:50 I attest to the accuracy and integrity of this document

2023:PHHC:145591 Civil Revision No. 3130 of 2019 new ground which is not examined by the Executing Court at first hand. 3.

Keeping in view the aforesaid facts, no ground is made out to interfere. Hence, the present revision petition is dismissed. (Anil Kshetarpal) Judge November 16, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.11.21 10:50 I attest to the accuracy and integrity of this document