VIKRAM NATH, SATISH CHANDRA SHARMA
Rehan Ahmed (D) Thr. Lrs. – Appellant
Versus
Akhtar Un Nisa (D) Thr. Lrs. – Respondent
The key points from the provided legal document are as follows:
The appeal concerns objections raised to the execution of a decree, which were initially rejected by the Executing Court and subsequently allowed by the High Court, leading to the current appeal before the Supreme Court (!) (!) .
The dispute involves a property in Jaipur, originally owned by Ghulam Mohiuddin, with a history of a sale agreement, a subsequent compromise, and a decree based on that compromise (!) (!) .
The compromise deed, executed on 11.05.1978 and verified on 09.05.1979, was between the plaintiff and Defendant No.1, with Defendant No.2 (the vendor) acknowledging that he had no ownership rights over the property. The compromise included terms for the sale and possession, which were later decreed by the trial court (!) (!) .
The decree was for specific performance, requiring Defendant No.1 to execute and register the sale deed by a specified date, with provisions for the plaintiff to execute the sale through court if necessary (!) (!) .
Objections to the decree were raised by Defendant No.1’s legal heirs, claiming the decree was without jurisdiction and the property was jointly owned, among other grounds. These objections were dismissed by the Executing Court (!) (!) .
The High Court set aside the Executing Court’s order, declaring the decree void and without jurisdiction, primarily based on the assumption that the property was jointly owned by the defendants and that the compromise was invalid due to the absence of Defendant No.2’s signature (!) (!) .
The Supreme Court found that the High Court erred in its reasoning, emphasizing that Defendant No.2 had acknowledged no ownership rights and had limited possession rights, which was supported by previous proceedings and family arrangements (!) .
The Court clarified that procedural requirements for verification of the compromise were met, even if delayed, and that the compromise was duly verified and accepted by the court (!) (!) .
The Court also noted that prior objections to the execution proceedings had been dismissed and that subsequent appeals, including to higher courts, upheld the validity of the decree, making similar objections by the current respondent an abuse of process (!) .
Consequently, the Supreme Court held that the objections under Section 47 of the CPC filed by the respondent were not maintainable, and the order of the High Court setting aside the decree was incorrect. The original order of the Executing Court was restored, and the objections were rejected (!) (!) .
No costs were awarded in the proceedings (!) .
These points collectively affirm that the decree for specific performance was valid, the objections based on joint ownership and procedural issues were unfounded, and the process followed by the courts below was appropriate and lawful.
JUDGMENT :
Vikram Nath, J.
Leave granted.
2. This appeal, by the Decree Holder, assails the correctness of the judgment and order dated 21.03.2014 passed by the Rajasthan High Court, Jaipur Bench at Jaipur in S.B. Civil Revision Petition No.95/2007, Smt. Akhtar Un Nisa vs. Rehan Ahmed, whereby the revision filed under Section 115 of the Code of Civil Procedure, 19081[CPC] challenging the order of the Executing Court dated 03.05.2007 rejecting the objections under Section 47 CPC, has been allowed. The order impugned therein passed by the Executing Court was set aside and it was held that the decree dated 09.05.1979 passed by the Trial Court in Suit No.13/72 was inexecutable and a nullity and accordingly, the objections under Section 47 CPC, were allowed.
3. The factual matrix giving rise to the present appeal is as follows:
3.1. The dispute relates to property being Municipal Nos.52- 57, Maniharon Ka Rasta, Jaipur which was originally owned by Ghulam Mohiuddin (Defendant No.1). An agreement to Sell dated 04.10.1967 was executed for sale of the suit property by Saeeduddin – Defendant No.2 (brother of Defendant No.1) and also the power of attorney of Defendant No.1, for himself and for
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