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High CourtsSingle Bench(2012) 01 AHC CK 0567

Ramji Lal and Others vs 5th Addl. Distt. Judge, Mathura and Others

Allahabad High Court · Decided on 12 January 2012

HON’BLE JUDGES
Prakash Krishna, J
RESULT
Dismissed
CASE NUMBER
Writ C No. 31413 of 2001
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Judgment

6 paragraphs · 344 words

Hon''ble Prakash Krishna, J.—The present writ petition arises out of execution proceedings relating to specific performance of contract of repurchase of the land in dispute passed in Original Suit No. 179 of 1994.

2.

The suit has been decreed with the stipulation that the plaintiff will pay a sum of Rs. 85,000/- as sale consideration. The decree holder put the decree in execution. A draft sale deed was submitted. The executing court invited objections from the judgment debtor/petitioner. The judgment debtor through his objection dated 8.7.2001 Paper No. 15-C submitted that in the draft sale deed, the manner of payment of Rs. 85,000/- is not mentioned. How and when the said money be paid to the judgment debtor, is not clear from the draft sale deed.

3.

Accordingly, the executing Court by the order dated 20.3.2001 directed the decree holder to deposit Rs. 85,000/- within 15 days in the Court and approved the draft sale deed. An appeal was preferred by the judgment debtor before the Court below raising certain other objections. The appeal having been dismissed, the present writ petition has been filed.

4.

Heard the Learned Counsel for the petitioner.

5.

It was not disputed that the afore stated objections regarding Rs. 85,000/- raised by the judgment debtor has been considered. Necessary order in this regard has been passed by the executing Court to safeguard the interest of the judgment debtor. However, it was submitted that the area of the land as mentioned in the decree is in terms of hectare while in the proposed sale deed it is in terms of acre. It has been found by the appellate Court that the draft sale deed, is in respect of.60 decimal which is mentioned in the decree. The Learned Counsel for the petitioner could not point that any larger area is being proposed to be sold through the draft sale deed than mentioned in the decree. The objection raised by the judgment debtor has no substance.

6.

There is no merit in the writ petition. The writ petition is dismissed with costs.