AMARJIT SINGH Vs. INDERPREET SINGH MONGA

JUDGEMENT

(1.) The decree holders in the present Execution Petition, were defendants in a suit (bearing No. 2366/1988) filed in this Court by the present Judgement Debtors. The parties to the said suit as well to the present execution petition are children of Late Sardar Iqbal Singh Monga. A compromise was arrived at between the parties in the said suit and an application Under Order 23 Rule 3 Civil Procedure Code was filed containing the terms of the compromise. On the basis of the compromise a decree was passed on 24th April, 1990 and the suit stood disposed of. The present excution petion has been filed by the defendants in the said suit for execution of the decree passed therein. Under the compromise decree the following properties were allotted to the defendants who are the decree holders in the present petition:-

(2.) C/In addition to above, the Plaintiffs shall endeavour to pay a sum of Rs. 10.25 lakh (Rupees ten lakh, twenty five thousand only) to Defendants in 60 days following after this compromise being made a decree of this Hon'ble Court.

(3.) Judgement Debtors have filed their objections to the execution petition in the form of a reply which bears the date 2nd January, 1992. I may note at the outset that there is no challenge to the compromise recorded by this court between the parties and to the compromise decree dated 24th April, 1990. Counsel for the judgement debtors/objectors has at the time of hearing pressed the following objections only:- 1 .The tenancy rights with respect to flat No.B-3, Prehiad Market, Western Extension Area, Karol Bagh New Delhi had fallen to the judgement debtors in terms of the decree and the decree holders have instead of getting the same transferred in favour of the judgement debtors and putting them in possession thereof, have surrendered the possession of the flat to the landlord by accepting some "pugree". 2. The decree holders have to meet the liabilities of the father which are to the tune of about Rs. 13.5 Lakhs to the extent of 2/3rd. 3. Under Clause 4(C) regarding payment of Rs. 10.25 Lakhs to the decree holders the judgment debtors had only to make an "endeavour" to pay the same within 60 days after the compromise being made a decree of the court. 4. Clause 5 of the compromise precludes the decree holders from instituting any suit, petition/application against the judgement debtors regarding properties of Late Sardar Iqbal Singh and, therefore, they are not entitled to file the present execution petition. 5. Property bearing No.249, Vikas Puri, New Delhi which had fallen to the share of the judgement debtors has already been sold by them, therefore, the same cannot be attached or sold in the present proceedings.