TOTA SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 challenges order dated 21.4.2003 passed by the Civil Judge (Junior Division), Faridkot, rejecting the prayer of the judgment -debtor -petitioner (for brevity, 'JD -petitioner') for payment of decretal amount payable under the decree dated 19.9.2000 in instalments. The prayer was made by the setting up the ground that it is a loan within the meaning of Sub -section (6) of Section 2 read with Section 11 -B of the Punjab Debtor Protection Act, 1936 (for brevity, 'the Act'). It is admitted position that earnest money of Rs. 72,000/ - was paid in pursuance of agreement to sell dated 16.7.1997 executed by the JD -petitioner in favour of the decree -holder -respondent. The Court passing the decree also came to the conclusion that the earnest money is liable to be refunded with interest. The aforementioned prayer for the JD -petitioner has been rejected by the executing Court by holding as under: -

(2.) MR . H.S. Gill, learned Senior counsel for the JD -petitioner has argued that the amount recoverable from the JD -petitioner is covered by the expression 'debts' used in Section 2(c) of the Interest Act, 1978 (for brevity, '1978 Act') and, therefore, the amount should be realised from the JD -petitioner in instalments. For the afore -mentioned proposition, the learned counsel has placed reliance on a judgment of this Court in Guljinder Singh v. Hari Singh .

(3.) IT is further appropriate to refer to the provisions of Section 2(6) of the Act, defining the expression 'loan' which reads as under: -