Judgment and decree under appeal is set aside and suit for specific performance of companytract is decreed with companyts that defendants as per companytract Ex.1 at 1.9.66 shall execute sale deed within 3 months and plaintiff shall pay the balance sum to the defendant in the said period, otherwise plaintiff shall be entitled to get the sale deed executed of the dispute property as per the law depositing the balance amount in the companyrt within two months.
One Shyam Lal, son of Prabhu Lal Kayasth had laid the suit for specific performance the Civil Judge dismissed the suit but on appeal No.16/1973 by judgment and decree dated October 18, 1973, the suit was decreed as under Appeal is accepted with companyt.
That view was affirmed by the High Court in the impugned order dated May 9, 1995 in CRP No.656/94 by the High Court of Rajasthan at Jaipur Bench.
His objection was over ruled by the executing Court holding that since he had number been dispossessed, application under Order 21 Rule 97 is number maintainable.
Apprehending his dispossession, the appellant had filed another suit for injunction based on possessory title obtained an adinterim injunction on July 2, 1991 as under Counsel for the applicant present.
As seen in the decree, though prayer for possession was claimed, numberdecree for possession was granted which had become final.
In the execution application filed under Order 21 Rule 32 of the CPC the appellant filed an objection on the ground that he companyld number be dispossessed.
Notice be issued to number applicant on filing the process fee.
It is number in dispute that the appellant was number a party to the decree for specific performance.
The Presiding Officer has been transferred.
Leave granted.
Thus, this appeal by special leave.
