SWARAN SINGH Vs. ARJUN SINGH AND ORS.

JUDGEMENT

(1.) Respondent No.10 has not been served. He is a subsequent purchaser and after the award. I dispense with notice to respondent No.10.

(2.) The revision petition is against an order passed by the executing court rejecting a prayer of the decree holder who has secured an award for execution of a sale deed in his favour by respondent Nos. 1 and 2. The award itself provided for an alternative right of 15 lacs with interest at 18% if the decree holder chose to settle recovery of money only. The decree holder has expressed his preference and sought for execution of the decree only for execution of sale deed by respondent Nos. 1 and 2. If the award provides an election for a decree holder to choose any one of the reliefs and the decree holder chooses to secure a sale deed from respondent Nos. 1 and 2, that right cannot be lost by the judgment debtor selling the property to the third party after the award was passed. The principles of lis pendens will actually apply to arbitral proceedings if the award has stature of the decree enforceable in a Court of law.

(3.) The decree holder is entitled to secure a sale from respondent Nos. 1 and 2 and include the 10th respondent also as a subsequent purchaser who is bound by it. If they are not prepared to join to execute the sale, the executing court will execute sale deed in the manner provided under Order 21, Rule 32 CPC. The impugned order is set aside. The revision petition is allowed.