M.L. GOEL AND ANOTHER Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) ON 21.5.1977, Mukhtiar Singh (Respondent herein) executed an agreement to sell his house No. 171 Sector 20 -A, Chandigarh with Sh.M.L. Goel and his wife Mrs. Swarn Goel (Petitioners herein) for a sum of Rs. 78,000/ -. A sum of Rs. 20,000/ - was paid to Mukhtiar Singh by M.L. Goel and his wife Swaran Goel on 21.5.1977. He was to execute sale deed on or before 21.9.1977. Another sum of Rs. 9000/ - was paid to Mukhtiar Singh on 20.9.1977. Mukhtiar Singh backed out of the bargain. M.L. Goel and his wife filed suit for specific performance of the agreement to sell which was decreed by Sub Judge 1st Class, Chandigarh on 28.5.1981. Judgment was affirmed in first appeal by the High Court.

(2.) ON appeal by Mukhtiar Singh, the Hon'ble Supreme Court stayed his dispossession till the final disposal of the appeal by the High Court of Punjab and Haryana. The High Court of Punjab and Haryana accordingly stayed the dispossession of Mukhtiar Singh subject to payment of mesne profits/damages for the use and occupation of the house. On 9.3.1983 appeal of Mukhtiar Singh was dismissed by this Court. LPA No. 333 of 1982 filed by Mukhtiar Singh was also dismissed on 25.3.1983. In consequence, possession of the house was to be delivered to M.L. Goel and his wife. In execution proceedings, compromise took place. Under the compromise, Mukhtiar Singh undertook to deliver vacant possession of the house by 18.7.1983. He also under -took to pay Rs. 1200/ - per month as damages/mesne profits for the use and occupation of the house till the delivery of possession to them. He actually paid damages at that rate up to 17.4.1983. They took possession of the entire house in October, 1983 through the Court. M.L. Goel and his wife filed civil suit No. 69 of 9.3.1984 against Mukhtiar Singh for the recovery of Rs. 22,000/ - (Rs. 7700/ - as damages for the unauthorised use and occupation of that house with effect from 18.4.1983 to 31.10.1983 at the rate of Rs. 1200/ - per month plus Rs. 1200/ - as damages caused to the house before its vacation and a sum of Rs. 1063/ - as water and electricity charges and Rs. 1237/ - as interest @ 18% per annum on the above said amount.

(3.) M .L. Goel and his wife put in execution application for executing the decree for specific performance. During the pendency of the execution application before the executing court, parties arrived at compromise.