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1979 Supreme(SC) 519

V.R.KRISHNA IYER, O.CHHINNAPPA REDDY, R.S.PATHAK
Dhani Ram Gupta – Appellant
Versus
Lala Sri Ram – Respondent


Advocates:
B.R.AGRAWAL, J.P.GOYAL, P.G.GOKHALE, S.K.JAIN

JUDGMENT

CHINNAPPA REDDY, J. — Rattan Lal sold certain land to Sri Ram for Rs. 10,000/- under a registered sale deed dated 31st March, 1960. On April 4, 1960 Sri Ram executed an agreement to reconvey the property for a sum of Rs. 15,000/- if paid within a period of two years. Rattan Lal filed suit No. 18 of 1961 in the Court of First Additional Civil Judge, Meerut for specific performance of the agreement to reconvey and obtained a decree on April 17, 1962. The decree was confirmed in appeal by the High Court of Allahabad on September 5, 1963. On April 25, 1963 Rattan Lal assigned the right which he had under the decree in favour of the present appellants, Dhani Ram Gupta and another. The appellants filed an application for execution of the decree under Order XXI, Rule 16 of the Code of Civil Procedure on December 10, 1963. Notice of application was issued to Sri Ram, the judgment-debtor as well as the original decree-holder Rattan Lal, Rattan Lal kept quiet but on March 7, 1964, the judgment-debtor Sri Ram filed objections contending that the execution application was not maintainable. The application was adjourned from time to time. Meanwhile, on May 26, 1964 Rattan Lal the origi














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