SIMER KAU Vs. SUCHA SINGH

JUDGEMENT

(1.) THIS revision petition is against the order of the Additional District Judge dated 2.4.1996 dismissing the appeal of the petitioner filed against the judgment and decree dated 14.8.1992 thereby making the award as Rule of the Court with a further direction to the petitioner to execute the sale deed on payment of Rs. 24,750/-.

(2.) BRIEFLY put, Dalip Kaur entered into an agreement to sell land in dispute with Sucha Singh through his father Gian Singh on 30.6.1978. Dalip Kaur received a sum of Rs. 6,750/- through her husband and general attorney Apar Singh as earnest money. Earlier to this agreement the land in dispute was in possession of Gian Singh as a mortgagee for a consideration of Rs. 6,000/-. Mortgaged amount was to be adjusted in the sale price. As per agreement parties agreed to appoint Mangal Singh son of Bhag Singh as Arbitrator in case of any dispute between the parties regarding performance of the agreement. According to the case set up by Sucha Singh/Gian Singh, Dalip Kaur did not execute the sale deed as per the agreement to sell and so a petition was filed on 14.5.1981 for referring the matter to an Arbitrator. Mangal Singh refused to become the Arbitrator and so as agreed by the parties Shri S.P. Khetarpal, Advocate, Kurukshetra was appointed as Arbitrator. Arbitrator gave his award on 18.11.1985 in favour of Sucha Singh. Arbitrator directed Dalip Kaur to execute the sale deed on payment of balance price of Rs. 24,750/- within two months from the date the award becomes the Rule of the Court else Such Singh will become competent to get the sale deed executed through the process of the Court.

(3.) ON the pleadings of the parties, the Court framed the following issues: