Partly allowed

Avtar Singh v. Baljinder Singh

Punjab & Haryana HC17 Jan 2011CR/114/2011

Case brief

AI extract

What is this about?

In a revision petition under Article 227, the High Court dismissed the challenge to orders regarding execution of a specific performance decree. The Court upheld the validity of a warrant of possession but directed the executing court to apply its mind before granting police help while clarifying the nature of possession and addressing pending objections.

What did the court decide?

Pending objections dated 8.1.2011 were to be decided by the executing court before granting police help or issuing a warrant of possession.

Avtar Singh Vs Baljinder Singh — Execution and Attachment | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No. 114 of 2011

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Date of decision: January 17, 2011

Avtar Singh

.. Petitioner

Vs.

Baljinder Singh

.. Respondent

Coram: Hon'ble Mr. Justice A.N. Jindal

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Present: Mr. Harsh Aggarwal, Advocate for the petitioner. Mr. Amarjit Markan, Advocate with Mr. P.S. Sekhon, Advocate for the respondent.

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A.N. Jindal, J (Oral)

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The petitioner has invoked the provisions of Article 227 of the Constitution of India for quashing the order dated 17.12.2010 (Annexure P- 10) along with the consequential order dated 24.12.2010 (Annexure P-8) passed by the executing court.

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Arguments heard.

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The draft sale deed was prepared in terms of the decree dated 15.2.2005 in the presence of the learned counsel for the judgment debtor. It was not pointed out as to what defect was found in the draft sale deed. Mere irregularity that the court did not invite the objections hardly prejudices the right of the judgment debtor particularly when the draft sale deed was prepared and presented in the court in his presence for registration, for execution of the decree for specific performance of the contract, as such, the objection is without any merit.

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As regards the warrant of possession, since the sale deed was for 4104/31380 share out of the land measuring 78 bighas 9 biswas in khasra numbers as mentioned in the application, therefore, the court could issue the warrant of possession in terms of the decree.

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The court appears to have issued warrant of possession in terms of the decree, however, the police help appears to have been extended without application of mind.

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Civil Revision No. 114 of 2011

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-2-

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In view of the matter, this petition is dismissed, however, the court would apply its mind before granting police help and clarifying if it is issuing warrant of actual possession or joint possession. Further, the objections dated 8.1.2011 would be decided by the executing court before issuing warrant of possession or police help.

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January 17, 2011 deepak

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(A.N. Jindal) Judge

Avtar Singh v. Baljinder Singh

Case brief

What is this about?

What did the court decide?

Avtar Singh v. Baljinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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