RAJBIR versus SURAJ BHAN & ANR

RAJBIR versus SURAJ BHAN & ANR

Order XXI Rule 34 CPC applies to the decree for execution of a sale deed; the court must cause the draft sale deed produced by the decree-holders to be served on the judgment-debtor and invite objections within a fixed time, consider any written objections and approve or alter the draft as it thinks fit; an executing court cannot go beyond the decree; because the execution court allowed appointment of a commissioner and the sale deed was executed without inviting and considering objections under Rule 34, the impugned order was set aside and the matter remitted for compliance with Rule 34 and reconsideration of objections.

Parties
Appellant / Judgment Debtor: Rajbir; Respondent / Decree Holder: Suraj Bhan; Respondent / Decree Holder: Balraj
Jurisdiction
India
Judgment Date
28 February 2022
Procedural Posture
Civil Appeal / On Appeal From High Court Order Dismissing Revision Petition
Outcome
Appeal allowed; impugned order set aside and matter remanded to the executing court with directions to follow Order XXI Rule 34 CPC.
Legal Topics
Execution of Decree, Order XXI Rule 34 CPC, Specific Performance, Draft Sale Deed, Registration of Documents
Civil Procedure Property Law Execution of Decree Order XXI Rule 34 CPC Specific Performance Draft Sale Deed Registration of Documents

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Parties

Rajbir

Appellant / Judgment Debtor

Suraj Bhan

Respondent / Decree Holder

Balraj

Respondent / Decree Holder

Procedural Posture

Civil Appeal / On Appeal From High Court Order Dismissing Revision Petition

Legal Issues

  1. 1 Whether Order XXI Rule 34 CPC was complied with when a draft sale deed produced by decree-holders was not served on the judgment-debtor and objections were not invited before execution
  2. 2 Whether an executing court can execute a sale deed that is not in conformity with the decree or which was executed without following the procedure in Order XXI Rule 34
  3. 3 Whether the sale deed executed on 11.06.2019 is liable to be set aside if found violative of the decree

Ratio Decidendi

Order XXI Rule 34 CPC applies to the decree for execution of a sale deed; the court must cause the draft sale deed produced by the decree-holders to be served on the judgment-debtor and invite objections within a fixed time, consider any written objections and approve or alter the draft as it thinks fit; an executing court cannot go beyond the decree; because the execution court allowed appointment of a commissioner and the sale deed was executed without inviting and considering objections under Rule 34, the impugned order was set aside and the matter remitted for compliance with Rule 34 and reconsideration of objections.

Court Disposition

Appeal allowed; impugned order set aside and matter remanded to the executing court with directions to follow Order XXI Rule 34 CPC.

Orders

  • Impugned order dated 30.05.2019 set aside.
  • Execution court (Civil Judge (Senior Division), Jhajjar) to hand over copy of the draft sale deed produced by the respondents within two weeks from production of copy of this judgment before the execution court.