JAWAHAR LAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) CM 6531/2011 (Exemption) Exemption granted subject to all just exceptions. The application stands disposed of. CM (M) No.371/2011 The prayer in the present petition is for the quashing of the order dated 14.03.2011 passed by the Ld. MACT Judge in Suit No. 729/09 rejecting the application filed by the Petitioners for the release of the sum of ` 3,60,000/- lying in two FDRs of ` 1,80,000/- each, for purchase of a house bearing No. 13, with roof right area measuring 25 sq. yds. (9'x25') out of Khasra No. 12/24/1, situate in Village Razapur Khurd, Delhi State, Delhi, the colony known as Tilak Enclave, Mohan Garden, Uttam Nagar, New Delhi-59, by the Petitioners from one Sh. Sunil Kumar Gupta (hereinafter referred to as "the vendor"). The Petitioners are the husband and wife, in whose favour an award of ` 6,58,700/- was passed by the Ld. Motor Accident Claims Tribunal, Delhi, on 29.11.2010 in the aforesaid Suit No. 729/09. Vide the said order dated 29.11.2010, fifty percent of the said award amount was directed to be kept in a fixed deposit in a nationalized bank for a period of three years with no loan or advances against the said fixed deposits. Accordingly, on 22.02.2011 two FDRs of 1,80,000/- each bearing Account No. 31640310649 and 31640278070 were issued by the SBI, Tis Hazari Branch in the name of Petitioner No. 1 and 2 respectively.

(2.) THE statement of the vendor was recorded by this Court on April 4, 2011 as also the statement of the petitioners i.e. Shri Jawahar Lal and Smt. Soni @ Sunita, who propose to buy the house in question. In the statement of the vendor, it has been stated that he has agreed to sell the said property vide Agreement to Sell dated 04.03.2011 for a total consideration of ` 5,90,000/- out of which a sum of ` 2,35,000/- has already been paid to him as earnest money by the petitioners and the balance amount of ` 3,55,000/- remains to be paid at the time of handing over physical possession of the said property on or before 30.03.2011, which period has been extended by agreement to 11.04.2011 in Court today. THE petitioners in their joint statement have prayed that the amount deposited in aforesaid Fixed Deposit Receipts in their name in SBI, Tis Hazari Branch may be released to them so as to enable them to purchase the property in question. THE Agreement to Sell dated 04.03.2011 alongwith the proof of receipt of ` 2,55,000/- as earnest money by the vendor have been placed on record as "Ex ? P1" and "Ex ? P2" and the title deeds of the vendor have also been placed on record. It has also been stated by the petitioners that they have a large family with 10 children and are in need of a permanent abode in Delhi. It is further submitted that the petitioners intend to acquire an asset in the form of the said house property.