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1986 Supreme(Del) 424

Y.K.SABHARWAL, T.P.S.CHAWLA
SUBODH KUMAR – Appellant
Versus
SATYA SWARUP SINGH BHATTI – Respondent


Advocates Appeared:
O.N.Vohra

Y. K. Sabharwal,j.

( 1 ) IN this Letters Patent Appeal, the challenge is tothe correctness of the judgment of the learned single Judge of this Court, whohad dismissed the appellant s execution first appeal and had upheld the orderof the executing court dismissing the objection filed by the appellant underorder 21, Rule 97 and Section 151 of the Code of Civil Procedure.

( 2 ) THE litigation from which this appeal arises appears to have a chequered history. The decree which is now sought to be executed was passed in theyear 1976 and litigation has thereafter been pending between the parties forthe last about ten years and the relevant facts are as follows.

( 3 ) THE appellants in this appeal are sons of Smt. Sudarshan Kumariwife of Shri Behari Lal Sharma (respondent No. 2 ). Smt Sudarshan Kumarientered into an agreement to sell the property No. M-48, Kalkaji, New Delhi,to Sh. Satya Swarup Singh Bhatti (Respondent No. 1) vide agreement dated 26/04/1970 which was also signed by Shri Behari Lal Sharma, husbandof respondent No. 2 and father of the appellants. A supplementary agreementdated 19. 6. 1970 was also entered into between respondent No. 1 and respondent No. 2, and under this agr







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