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2023 Supreme(All) 715

J. J. MUNIR
Rakesh Kumar – Appellant
Versus
Chhotey Lal – Respondent


Advocates Appeared:
For the Petitioners: Taniya Pandey, Anil Tiwari.
For the Respondents: Anant Ram Dube, Anil Kumar, Mohit Gautam, Sudhir Kumar Kulshrestha.

JUDGMENT :

(J.J. Munir, J.)

1. This is a judgment-debtor's petition under Article 227 of the Constitution arising out of a part rejection of his application under Section 151, Code of Civil Procedure, 1908 (for short, 'the Code') by the Executing Court vide order dated 05.05.2018, holding the execution application not barred by time, and the order of the learned District Judge, Etah dated 28.05.2018, affirming the said order in Revision.

2. Briefly stated, the facts relevant for decision of this petition are that one Chhote Lal instituted Original Suit No. 466 of 1969 for specific performance of contract against Maha Ram, saying that the latter had entered into an agreement to sell with the plaintiff on 14.08.1966, covenanting to sell Plot no. 442 admeasuring 4.86 acres, situate at village Birauchi, Paragana Pachalana, District Etah. The suit was instituted before the exCourt of Munsif, Kasganj, saying that Maha Ram had agreed to sell the suit property to the plaintiff in terms of the suit agreement dated 14.08.1966 for a total sale consideration of Rs. 2500/-. It was covenanted bet

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