VidhiSangh

Supreme Court of India · 28/02/2022

RAJBIR versus SURAJ BHAN & ANR

[2022] 16 S.C.R. 932 · 2022 INSC 247

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Summary

An executing court arranged execution and registration of a sale deed under a specific-performance decree without serving the draft on the judgment debtor or hearing objections to it. The Court held that rejection of general execution objections did not dispense with the mandatory draft-document procedure. It directed service, objections and a hearing, leaving cancellation and replacement of the executed deed conditional on non-conformity with the decree. Further proceedings under that deed were held in abeyance.

Issues

  1. Whether prior rejection of execution objections dispensed with service and scrutiny of the draft sale deed.
  2. Whether the executed deed conformed to the final decree.
  3. What corrective procedure and interim protection were required.

Provisions considered

Held

Result

Appeal allowed and the impugned order set aside. Service, objections and adjudication concerning the draft deed were directed within the specified timetable. Further proceedings under the executed deed were held in abeyance; cancellation and replacement were required if it departed from the decree. Parties were to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 932.