RAMPHAL Vs. MUKHA SINGH

JUDGEMENT

(1.) IN matters of enforcement or disputes arising out of an agreement to sell immovable property and for consequential possession, no periods are prescribed or allowed by the Code of Civil Procedure, 1908 to do acts and things in furtherance thereof since they fall purely in the domain of private acts of parties determined by contract and consent. It is only when there is a prescription in the Code to do acts and things within the prescribed, can the jurisdiction under Section 148 of the Code be invoked or exercised by the Court to enlarge time in its discretion from time to time to such period as not to exceed 30 days in total even though the period originally fixed or granted may have expired.

(2.) IN the suit for possession by way of specific performance of the agreement to sell brought by the plaintiff respondent, the vendor made a statement in court that he is ready to execute the sale deed in favour of the plaintiff as per terms and conditions of the agreement to sell dated 9th May, 2012. On the statement of the defendant in the pending suit the Court called upon the vendee to make payment of the balance sale consideration till 24th April, 2014. The plaintiff failed to act within the time allowed and preferred an application seeking extension of time for payment of balance sale consideration.

(3.) DURING the pendency of the proceedings and after making known their stand contesting the case, the aforesaid statement was made to the effect that the vendors are still ready and willing to convey the property. It is, in these circumstances that the Court made the offer order and fixed a date accordingly. Balwinder Singh co -sharer to the extent of 1/2 share in the land measuring 136K -8M produced an affidavit in the Court that in a family partition, the respondent was put in possession of specific khasra numbers and he would have no objection in case the sale deed is executed by his uncle Mukha @ Mukhtiar Singh in favour of the plaintiff. The learned trial Court has found that the suit land was to be demarcated at the time of delivery of possession and not at the time of execution of sale deed. The learned trial Court has recorded in the order that even at the time of hearing in Court, the plaintiff was not ready with the balance sale consideration. Despite everything weighted against the plaintiff, the Civil Judge (Senior Division), Fatehabad vide order dated 30th April, 2014 invoked its power under Section 148 CPC, in the interest of justice, and granted an indulgence of one month further time to facilitate execution of the sale deed, failing which, it will be presumed that the applicant is not ready and willing to perform his part of the contract by paying the balance sale consideration. The time fixed for execution of the sale deed was till 24th May, 2014.