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2010 Supreme(P&H) 1941

L.N.MITTAL
Gajender Singh – Appellant
Versus
Jain Chand – Respondent


Judgment

L.N.Mittal, J.

1. Gajender Singh-Judgment Debtor No.2 has filed the instant revision petition under Article 227 of the Constitution of India assailing orders Annexures P-3 and P-4 both dated 25.05.2010 passed by learned Executing Court i.e learned Additional Civil Judge (Senior Division), Loharu. Vide order Annexure P-4, objections filed by petitioner-JD No.2 have been dismissed and, therefore, vide order Annexure P-3, Commissioner has been appointed to execute sale deed pursuant to decree for specific performance of the agreement to sell.

2. Respondent No.1-Jai Chand-decree-holder had filed suit for specific performance of the agreement executed by JD No. 1 Jagram (respondent No.2 herein). Sale deed executed by respondent No.2 in favour of the petitioner was also challenged. Trial Court decreed suit vide judgment and decree dated 05.09.2002 directing the plaintiff-decree- holder to get the sale deed executed in his favour on payment of balance sale consideration of Rs.34000/- to defendant No.l within two months from the date of judgment, failing which, the plaintiff would be entitled to get the sale deed executed through Court.. First appeal preferred by the petitioner was










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