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2021 Supreme(P&H) 886

REKHA MITTAL
Neeraj Kumar Sharma – Appellant
Versus
Nirmal Kaur Gill – Respondent


Advocates Appeared:
Mr. Aayush Gupta, Advocate, for the Appellant.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The executing court is bound by the decree passed by the trial court and cannot go beyond its scope or re-examine the core issues of the original judgment (!) (!) .

  2. A subsequent purchaser of the property cannot challenge the validity or correctness of the original sale agreement or the decree for specific performance that was obtained in favor of the original decree holder (!) (!) .

  3. The objections raised by the petitioner, including allegations of fraud and forgery regarding the agreement and signatures, were dismissed because these issues are beyond the scope of execution proceedings and should be determined in a regular trial court, not during execution (!) (!) .

  4. The court emphasized that raising factual disputes such as signature discrepancies or claims of fraud in execution proceedings is inappropriate, as such matters require a proper trial with evidence, which is not permissible at this stage (!) .

  5. The court acknowledged the potential hardship faced by the petitioner, especially considering his family circumstances, but held that procedural rules prevent the execution court from entertaining such defenses or claims of fraud at this stage (!) (!) .

  6. The court reaffirmed the principle that the decree holder's rights are protected, and the petitioner, as a subsequent purchaser, cannot interfere with or contest the validity of the original agreement or the decree through objections in execution (!) .

  7. Ultimately, the objections filed by the petitioner were found to lack merit, and the court dismissed the petition, upholding the original decree and the measures for its execution (!) (!) .

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JUDGMENT

Rekha Mittal, J. (Oral). - Challenge in the present petition has been directed against orders dated 03.03.2020 (Annexure P4) and 16.03.2020 (Annexure P5) passed by the Civil Judge (Jr. Div.), Ludhiana whereby objections filed by the petitioner in execution No.36257 of 2013 have been dismissed and the Local Commission was appointed to execute and register the sale deed on behalf of JD Sangeeta Dhir in favour of Nirmal Kaur Gill, decree holder.

2. Ms. Nirmal Kaur Gill filed suit for possession by way of specific performance of agreement to sell dated 14.06.2004 in respect of double storeyed House No.62-H measuring 100 sq. yards situated in village Sunet, abadi Shaheed Bhagat Singh Nagar, Ludhiana against Smt. Sangeeta Dhir and Jasbir Singh in January, 2005, decided on 10.02.2011. In the said suit, the plaintiff also challenged sale deed dated 28.12.2004 executed by Smt. Sangeeta Dhir in favour of Jasbir Singh defendant No.2 therein. Onthe basis of decree dated 10.02.2011, Ms. Nirmal Kaur Gill filed execution No.36257 of 2013. The present petitioner filed objections (Annexure P2). He has alleged that Sangeeta Dhir never executed the alleged agreement dated 14.06.2004 in favour

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