BALBIR SINGH Vs. JAGJIT SINGH AND ANOTHER

JUDGEMENT

(1.) Instant civil revision has been filed under Sec. 115 of the Code of Civil Procedure , 1908 (in short "the Code") for setting aside the order dated 18.05.2012 passed by learned Civil Judge (Jr. Divn.), Rajpura whereby objection petition filed by the petitioner-judgment debtor has been dismissed.

(2.) Succinctly, the facts giving rise to the present petition are to the effect that the petitioner is owner in possession of the land in dispute measuring 49 bighas 16 biswas situated within the revenue limits of village Kanwarpur, Tehsil Rajpura, District Patiala. The petitioner entered into an agreement to sell the disputed land with the respondents on 06.12.2005 for a sale consideration of INR 1,16,00,000.00 and received INR 20,00,000.00 as earnest money. Since sale deed could not be executed in pursuance to the agreement to sell dated 06.12.2005, respondents filed civil suit No.299 dated 15.05.2006 for possession by way of specific performance of agreement to sell dated 06.12.2005. That suit was decreed by learned Civil Judge (Jr. Divn.), Rajpura vide judgment and decree dated 16.01.2009. Feeling aggrieved, the petitioner preferred an appeal. During the pendency of appeal, the matter was referred to the Lok Adalat as parties showed willingness for settlement. On 04.03.2010, the parties got their statements recorded before the Presiding Officer, Lok Adalat. Copies of statements have been placed on record as Annexures P-2 and P-3. In addition to the statements made by the parties before the Lok Adalat, a fresh agreement to sell in the form of compromise (Ex.C-1) was also reduced into writing and the parties agreed that in continuation of the earlier agreement dated 06.12.2005, a fresh agreement to sell was being executed in respect to the disputed land for a sale consideration of INR 1,80,00,000.00 and date for execution of sale deed was fixed as 01.09.2010. In addition to the amount of INR 20,00,000.00 paid as earnest money earlier, additional earnest money of INR 20,00,000.00 by way of cheque Nos.145061 dated 20.04.2010 and 145062 dated 20.05.2010 amounting to INR 10,00,000.00 each, was paid.

(3.) It was specifically agreed between the parties that time for execution of the sale deed was the essence of the contract and the petitioner-judgment debtor would be bound to execute the sale deed on receipt of balance sale consideration of INR 1,40,00,000.00. It was also mentioned in the agreement that possession of the land was with a third party; litigation in this regard was pending; it would be the responsibility of the decree holders to get the possession and that sale deed transferring the ownership of disputed land would be executed by the petitioner in favour of the respondents. Copy of compromise dated 04.03.2010 submitted before the Lok Adalat as Ex.C-1 has been annexed with the revision placed as Annexure P-4. The Lok Adalat after recording the statements dismissed the appeal as compromised and made it clear that the parties shall remain bound by the terms and conditions of the compromise and passed the order dated 06.03.2010 (Annexure P-5).