Punjab-Haryana High Court
Inder Dass (Deceased) Through His Lrs vs Taro Devi And Ors on 20 December, 2023
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2023:PHHC:163696
2023:PHHC:163696
119 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-7893-2019 (O&M)
Date of decision: 20.12.2023
Inder Dass (since deceased) through his LRs
....Petitioner
Versus
Taro Devi (since deceased) through her LRs and others
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Saurabh Bajaj, Advocate for the petitioner
Mr. Gautam Diwan, Advocate for respondent no.1 to 6
Mr. Chander Shekhar, Advocate for respondent no.7
ANIL KSHETARPAL, J (Oral)
1. The suit filed by the plaintiff (petitioner herein) for the
specific performance of the agreement to sell was decreed on
12.12.2007. A conditional decree for the specific performance of
the agreement to sell was passed in the following manner:-
"33. The suit is decreed with costs.
A decree for specific performance of the
agreement of sale dated 6.4.1999 is passed in
favour of the plaintiff against the defendants
directing them to execute and get registered sale
deed in plaintiff's favour as per the agreement
dated 6.4.1999 after receiving balance sale
consideration within two months from today,
falling which the plaintiff shall be entitled to seek
execution of the sale deed through Court. Decree
sheet be prepared accordingly and file be
consigned to records, after due compliance."
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2. In the execution of the aforesaid decree, the sale deed
has already been registered in favour of the petitioner. The
petitioner is also in possession of the property in dispute. The first
execution petition filed by the petitioner was disposed of as
satisfied. He filed the second execution petition complaining that
the revenue authorities are not sanctioning the mutation entry in his
favour as per the registered sale deed.
3. Learned counsel representing the petitioner contends
that the mutation entry is meant only for the purpose of updating the
record and therefore, the revenue authorities responsible for the
maintenance of the revenue record cannot refuse to sanction the
mutation entry in his favour.
4. This Court has considered the submissions made by the
learned counsel representing the parties.
5. The operative part of the judgment and decree has
already been extracted. The decree is conditional with respect to the
specific performance of the agreement to sell and the condition has
already been complied with. The Executing Court, while executing
the judgment cannot go beyond the reliefs given by the trial court
while passing the judgment and decree.
6. Keeping in view the aforesaid facts, no ground to
interfere is made out.
7. Hence, dismissed accordingly.
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CR-7893-2019 (O&M) 3 2023:PHHC:163696
8. All the pending miscellaneous applications, if any, are
also disposed of.
20.12.2023 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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