Either two sale deed or amount of compensation on 1 acre of land.
File execution petition.
Execution petition
Filed a suit for specific performance for 20 acres and ended up into compromise decree for 10 acres. now i am going to file execution petition in the civil court. when i was measuring the the land is is only 9 acres and 1 acre got acquired by the government for road and gave the land to land to judgement detour as their was government land adjacent to the other 10 acres now he his having 11 acres land in his possession. Actually the land was acquired by the government before the compromise decree and he also got compensated the same to the judgement detour. but the revenue record still show the 10 acres instead of 9 acres (the syno has not been subdivided) Now how should i file the sale deed for execution in the E.P. Q1 do i need to file two sale deed one for 9 acres which is their in the possession and 1 acre he his in possession which he got through land acquisition ? Q2 how should i recover the 1 acres as per the court compromise decree??
Asked 1 year ago in Civil Law
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12 Answers
It is necessary to peruse compromise decree to advice
2) you have to file execution petition for execution of the sale deed for 10 acres and for delivery of possession of the property agreed to be sold.
3)till a sale deed is executed and registered, the decreeholder has no right to seek possession of property sold and so not seeking a relief of possession in the plaint is of no consequence and since the judgment-debtors failed to execute a sale deed in terms of the draft sale deedfurnished by the decreeholders, the Court can execute the sale deed in favour of petitioner and got it registered in pursuance of the decree and so Petitioner can make a request to the executing Courtand it can grant relief of possession
Q.1.
Execution should be filed in respect of 20 acre. It is upto JD to give you 20 acre. If acquisition for road was prior to date of compromise or settlement then settlement by JD is of serious note and would invite legal complication but if acquisition is after settlement then you are entitled to enjoy the fruits.
Q.2. Already explained.
- Since, the compromise decree is for 10 acres , then an execution petition for 20 acres cannot be filed
- Further , out of compromise deed , he cannot have more land even if the government has taken 1 acres
1. Yes
2. You can file an execution petition , and then settle the dispute
You don’t need to file sale deed as execution is always of order decided by court by passim decree
1. On the basis of the decree by court, file an execution petition to execute the decree and you may get the sale deed registered to your name as per the judgment.
2. You may follow the procedure as suggested so that you will come to an idea after that.
The EP has to be filed only in accordance with the decree passed. You may file a review petition in consultation with your lawyer for modification of the decree for execution against the 9 acres of land and for monetary compensation for the shortfall of one acre.
Regarding your questions:
Q1: Sale deed for execution: Since the compromise decree was for 10 acres of land, you may need to file a sale deed for the 9 acres of land that is in the possession of the judgment debtor as per the compromise decree. The sale deed should accurately reflect the details of the land being transferred, including the correct measurements and boundaries. It is important to consult with your attorney to ensure that the sale deed is properly drafted and executed in accordance with the relevant legal requirements.
Regarding the additional 1 acre of land that was acquired by the government and is now in the possession of the judgment debtor, it may be necessary to discuss this matter with your attorney to determine the appropriate course of action. Depending on the specific circumstances, it may be necessary to take separate legal steps to address the ownership or compensation for this 1 acre of land.
Q2: Recovery of the 1 acre as per the court compromise decree: To recover the 1 acre of land as per the court compromise decree, you should discuss this matter with your attorney. They will be able to guide you on the appropriate legal steps to take, such as filing an application for execution or seeking further court orders to enforce the terms of the compromise decree.
small change for better understanding Filed a suit for specific performance for 80 acres in syno 30 and ended up into compromise decree for 10 acres. now i am going to file execution petition in the civil court. when i was measuring the the land is is only 9 acres and 1 acre got acquired by the government for road and gave the land to land to judgement detour as their was Land ceiling act 1973 act. This government in their tribunal order after the due process as per the ceiling limit one family holding is 54 acres. He got his 54 acres after excluding the road area and the order has been passed by the tribunal. Actually the land was acquired by the government after the compromise decree and he also got compensated the same to the judgement detour as per the land tribunal order now the judgement detour is holding 55 acres instead of 54 acres. As the the syno has not been subdivided ( as road area and rest in his name) if the syno got subdivided his holding will be 54 acers only Now how should i file the sale deed for execution in the E.P. Q1 do i need to file two sale deed one for 9 acres which I am in possision and 1 acre judgemen detour possession ? Q2 how should i recover the 1 acres as per the court compromise decree??
Asked 1 year ago
you have to file execution petition for executionof the sale deed for 10 acres and for delivery of possession of the property agreed to be sold.
The single EP for the entire 10 acres of land can be filed as per the judgement or orders passed by the court..
Let the judgement debtor object to it stating that was acquired by government, in that case he has to pay you the compensation amount he got for that one acre.
You need to file fir execution only in which decree is passed. If decree includes compromise deed between the parties it can also be executed
Dear Client,
Sale Deed for Execution in E.P.:
In an execution petition (E.P.), you are seeking enforcement of a court decree. This typically involves taking steps to ensure that the terms of the compromise decree are carried out.
Since there is a compromise decree for 10 acres and you are in possession of 9 acres, it's advisable to follow the terms of the decree. If there are specific instructions or terms related to the division of land, you should adhere to those terms.
If the compromise decree specifies that you are entitled to 10 acres and the judgment debtor (the other party) holds the remaining 1 acre, you would generally not need to file a separate sale deed for the 1 acre. The terms of the compromise decree should guide the transfer of ownership.
Recovery of 1 Acre as per Court Compromise Decree:
If the compromise decree specifies that you are entitled to a total of 10 acres, and the judgment debtor has received compensation for the land acquired by the government (1 acre), you might need to enforce the decree through the execution process.
The execution process involves the court's assistance in ensuring that the judgment debtor complies with the terms of the compromise decree. If they are not complying, you might need to take legal action to enforce the decree and recover the 1 acre.