Chand Singh (Deceased) Through ... vs Bant Singh And Others
2023 Latest Caselaw 19859 P&H

                                                     Neutral Citation No:=2023:PHHC:145591




127                                                                 2023:PHHC:145591



       In the High Court of Punjab and Haryana, at Chandigarh


                                                 Civil Revision No. 3130 of 2019

                                                    Date of Decision: 16.11.2023


Chand Singh (Deceased) through his Legal Representative
                                                                     ... Petitioner(s)

                                        Versus

Bant Singh and Others
                                                                  ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:     Mr. Arun Jindal, Advocate
             for the petitioner(s).

Anil Kshetarpal, J.

1. The petitioner herein is a judgment debtor. A decree for

possession by way of specific performance of the agreement to sell was

passed against him on 17.01.2006. Pursuant to the aforesaid decree, the sale

deed was registered in favour of the plaintiff (decree holder). Thereafter, the

possession of the property was also delivered to the decree holder. The

petitioner filed an objection petition before the Executing Court on the

ground that the agreement to sell is not registered, therefore, the decree

could not be passed. The Executing Court dismissed the objection petition.

2. The learned counsel representing the petitioner submits that the

suit property was joint, therefore, the possession could not be delivered to

the decree holder. On the request of the Court, the learned counsel

representing the petitioner failed to draw the attention of the Court to any

such objection taken before the Executing Court from the impugned order.

In the revision petition, this Court is not expected to entertain an absolutely

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Neutral Citation No:=2023:PHHC:145591

2023:PHHC:145591

new ground which is not examined by the Executing Court at first hand.

3. Keeping in view the aforesaid facts, no ground is made out to

interfere. Hence, the present revision petition is dismissed.

(Anil Kshetarpal) Judge November 16, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:145591

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