Enforcement of a court decee through other than courts.
Querist :
Anonymous
(Querist) 20 January 2010
This query is : Resolved
Respected R.R.Ksirhnaa,
I am giving the case in brief as hereunder for your opinion.
After obtaining a compromise decree dt. 21-02-1985 in a specific performance suit, instead of approaching civil court for registration of a sale deed, I directly approached the Mandal Revenue Officer for regularization of an alienation as per Section 5A of the Act (There is an Act called A.P. Rights in Land and Pattedar Pass Books Act,1971) Accordingly the MRO issued orders dt. 30-06-92 in my favour. As against the said orders, the land owner preferred a Revision before RDO, the appellate authority, which was dismissed on 25-09-93. Again the land owner preferred a Revision Petition before the Joint Collector (Revisional appellate authority) which was also dismissed on 04-12-2000. Again the land owner filed a writ petition before the High Court which was also dismissed on 16-02-1001. Again the matter was carried before Division Bench by a Writ Appeal, which was allowed on 07-02-2005 quashing all the orders passed below and stating an Agreement of Sale is not a proper document to entertain regularization u/s 5A of the Act. But the Division Bench has not considered that Rule 27(4) of the said Rules is also applicable. As per the above order I preferred an SLP before the Supreme court which is pending. Now I want to clarify that:-
1) Instead of approaching civil court, I approached Revisional Authorities, as there is a specific provision enacted by the State Government. It seems that I was not kept quite for all these days, without enforcing the above said decree dt. 21-01-1985. so whether I am in Limitation Period of 12 years or not.
2) In case if the Supreme Court confirms the orders of Division Bench, what I have to do. And how to get the lands
3) How the land owner can recover the said lands.
Hence as per the above information, shall I eligible to get it registration of a Sale Deed through court right now.
R.R. KRISHNAA
(Expert) 20 January 2010
Answer for Q.No.1: Section 14/15 of the Limitation act applies to your case as you have spent time on contesting the matter before the quasi judicial authorities and hence you are still within the period of limitation to seek relief before the civil court.
Answer for Q.No.2 & 3: Even in case, the supreme court confirms the order of the DB of High Court, you have note in this case that you had approached the revenue authorities on the basis of a agreement of sale and the issue decided was only pertaining to the aspect that agreement of sale is not a proper document to seek regularisation etc etc. It is a limited issue and it is not in respect of decree (which conclusively decides the rights of the parties) which was passed in your favour by the civil court. So there is no prohibition for you to approach the civil court for enforcing the decree by filing EP proceedings to seek registration of sale deed based on the decree. Still you have limitation period as stated supra. The rights enforcing through the decree are quite different and are better rights than the rights which were sought to be enforced by you with the quasi judicial authorities relying on agreement of sale. The doctrine of res judicata or any bar of similar judicial proceedings will not stand on your way as the rights now enforced through the compromise decree are basically different as they directly arise out of the decree. Thus even if the supreme court confirms the order of DB of the High Court, still you have a remedy left open to knock the doors of the civil court to enforce the decree by filing EP proceedings and you try to convince the EP court stating all the facts that the proceedings before the supreme court had arisen out of different cause and the issue dealt was also different(whether a agreement of sale is a proper document or not) from the present EP proceedings (which is based on the decree).
(I am not sure of the correctness of my above opinion. You may please consult any senior advocate before proceeding further).
Best Regards
adv. rajeev ( rajoo )
(Expert) 20 January 2010
The entire procedure followed by you is wrong. You could have filed a executin petition and got it regd., by appointing the court commissioner.
your suit were comrpomised but no details of comrpomise is give mot in your question.
Raj Kumar Makkad
(Expert) 20 January 2010
I completely agree with Krishanan. Revenue authorities are confined only to the extent of alienation of the land and not to your civil rights obtained through civil court decree so get it executed even during the pendancy of your SLP.
Jithendra.H.J
(Expert) 20 January 2010
dont u think now it is time barred to file ex.petition
Querist :
Anonymous
(Querist) 21 January 2010
Thamks to all of you for giving your valuable opinion/suggessions.
