KULDEEP KAUR Vs. MANOHAR SINGH GULATI AND ORS.

JUDGEMENT

(1.) THE judgment debtor is the revision petitioner before this court. A suit for specific performance of an agreement to sell of a property in Chandigarh was for a consideration of Rs. 34 lakhs, out of which, 5 lakhs has been paid as advance and the balance was to be paid before 31.07.1995. According to the plaintiff, the vendor was not prepared to execute the sale and, therefore, a suit for specific performance has been filed. After a long pendency of a suit, the parties had compromised the matter on 07.08.2004 that contained several clauses. A decree was passed in terms of the compromise.

(2.) THE compromise terms spelt out mutual obligation of parties, namely, on the part of the purchaser to pay Rs. 29 lakhs and on the part of the vendor to deliver possession of the property and to secure conversion from leasehold to freehold or NOC from the Chandigarh Administration. The compromise also spelt out an outer time limit of 4 months for completion of sale deed or latest by 05.12.2004.

(3.) THE execution petition was filed on 03.10.2005 setting out the payments made and demanding the execution of the sale deed. The judgment debtor's contention by way of objection under Section 28 of the Specific Relief Act was that the conversion had been obtained and NOC was also obtained but the decree holder did not make the amounts ready as per the compromise and there cannot be an extension of period at the will of the decree holder. The court below allowed for the balance of money to be deposited and the decree holder is reported to have deposited the balance amount on 14.08.2014, that is, nearly a decade after the stipulated date and the court dismissed the objection taken.