JAGDEV SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) The petitioner has approached this Court impugning the order dated 21.8.2013 (Annexure P-8), passed by the Executing Court, whereby the execution proceedings were stayed till such time the suit filed by the respondent was decided.

(2.) Notice in the present petition was issued on 6.11.2013 for 22.1.2014. As the notice had not been received back served or otherwise, fresh notice was directed to be issued for 23.5.2014. As has been noticed in the order passed on that date, service of the respondent was complete, however, none appeared. Same was the position on all subsequent dates of hearing. Even today, the case was taken up twice, however, none appeared for the respondent. Hence, the arguments of learned counsel for the petitioner were heard.

(3.) Learned counsel for the petitioner submitted that the respondent entered into an agreement to sell land measuring 12 kanals 8 marlas for a total sale consideration of Rs. 90,00,000/- on 8.4.2010. Rs. 70,00,000/- were paid as earnest money. The last date for registration of the sale deed was fixed as 30.4.2011 which with mutual consent of the parties was extended to 10.8.2011. As the respondent failed to get the sale-deed registered on the date fixed, the suit for possession by way of specific performance of agreement to sell was filed on 16.8.2011. The same was compromised on 28.8.2012. The compromise was reduced into writing. On the basis of the compromise, award was passed by the Mega Lok Adalat, Ludhiana, on 15.12.2012. In terms of the compromise, the petitioner was to pay the balance amount within one week from the date certified copy of the order was received from the Court. A sum of Rs. 6,72,000/- was paid in cash on 9.1.2013, whereas Rs. 17,50,000/- were deposited in the account of the wife of the respondent on 10.1.2013, as suggested by him. Despite this fact, the sale-deed was not got executed by the respondent. In terms of Section 22E of the Legal Services Authorities Act, 1987 (for short, 'the Act'), the award of the Permanent Lok Adalat is final. It is deemed to be a decree executable in the Civil Court and the same cannot be called in question in any original suit, application or execution proceedings.