MANJIT SINGH Vs. HARVINDER SINGH

JUDGEMENT

(1.) Petitioners are judgment debtors aggrieved of the orders passed by the Courts below whereby their objections to the sale of immoveable property, in execution of decree, have been rejected.

(2.) Decree-holder/plaintiff filed suit for possession by way of specific performance of agreement to sell dtd. 17/1/1998 w.r.t. land measuring 15 Bighas 12 Biswas. Plaintiff claimed that the defendants agreed to sell land measuring 15 Bighas 12 Biswas in his favour @ Rs.35,000.00 per Bigha and received earnest money of Rs.4,03,000.00. Suit filed by the plaintiff was decreed on 21/5/2003 by the Court of Additional Civil Judge (Senior Division), Malerkotla for alternate relief. Plaintiff was held entitled for recovery of an amount of Rs.4,03,000.00 along with interest @ 1% per month from the date of agreement i.e. 17/1/1998 till the realization of whole amount.

(3.) Defendants filed appeal bearing Civil Appeal No.133 of 2003 on 7/10/2003. In the interregnum on 11/8/2003, decree-holder filed execution of decree dtd. 21/5/2003. Land measuring 17 Bighas 12 Biswas owned by the JDs was sold in auction for an amount of Rs.8,00,000.00 in favour of respondent No.2. On 4/4/2005, civil appeal preferred by the defendants against decree dtd. 21/5/2003 was partly accepted. Maintaining findings recorded by Trial Court, Appellate Court modified decree. Interest granted @ 12% per annum by the Trial Court was reduced to 6% per month.