SURINDER PAL SINGLA Vs. MANJU GUPTA

JUDGEMENT

(1.) Petitioner is aggrieved by the order dtd. 29/5/2024 (Annexure P4), whereby prayer for return of court fee has been declined by ld. Executing Court.

(2.) Suit for possession by way of specific performance of contract, filed by plaintiff-Sanjay Madan along with Surinder Pal Singla (now petitioner), was decreed vide judgment and decree dtd. 28/4/2022. Defendant (now respondent No.1) was directed to execute the sale deed of the suit property in favour of the petitioner after receiving the balance sale consideration within a period of one month. Petitioner was given liberty to seek the remedy before the Court for getting the sale deed executed, in case defendant-respondent refused to do so.

(3.) Ld. counsel has relied upon a decision of a Coordinate Bench of this Court rendered in Jasbir Singh Vs. Fateh Singh [CR-3730-2022 decided on 15/9/2022] in order to contend that even if the compromise is effected during execution proceedings, the Court fee deserve to be refunded in view of Sec. 21 of the Legal Services Authority Act, 1987 to be read with Sec. 16 of the Court Fees Act, 1870. He also referred to another decision of this Court in Banwari Lal Vs. Mool Chand and others, Law Finder Doc ID # 1972264.