SWARAN SETHI Vs. MODLAND WEARS PVT. LIMITED

JUDGEMENT

(1.) This Civil Revision Petition under Section 115 of the Civil Procedure Code, 1908 read with Article 227 of the Constitution of India has been filed for setting aside orders dated 7.4.2008, 9.4.2008 and 3.6.2008 (Annexures P11, P12 and P14 respectively) passed by the Court of Civil Judge (Junior Division), Chandigarh as Executing Court.

(2.) The facts of the case may be noticed in brief to appreciate the controversy that has been raked up before this Court.

(3.) A suit for specific performance was decreed in favour of the respondent M/S Modland Wears Pvt. Limited after it had successfully enforced an agreement to sell pertaining to House No. 40, Sector 4, Chandigarh. According to this agreement, the sale consideration of the property was fixed at Rs. 3.15 crores out of which a sum of Rs. 35,00,000/- had already been received by the vendor. The appeal preferred before the District Judge, Chandigarh was dismissed vide judgment and decree dated 14.12.2000. Thereafter, a Regular Second Appeal was filed during the pendency of which the parties effected a compromise on 21.7.2003 by which it was agreed that the possession of the property would be delivered on or before 31.5.2006 to the decree holder. An amount of Rs. 2.80 crores lying deposited in the Court pursuant to the execution of the decree was agreed to be withdrawn by the respondent to be re-deposited three months before 31.5.2006. The petitioner was also given liberty to withdraw a sum of Rs. 65,00,000/- to enable her to purchase a residential house before the delivery of possession could be given to the respondent.