Harjinder Pal Singh vs Onkar Singh
2015 Latest Caselaw 9323 Del

7
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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       EX.P. 235/2013 & EA(OS) No.879/2015
        HARJINDER PAL SINGH                  ..... Decree Holder
                       Through: Mr. B.L.Chawla, Advocate

                         versus

        ONKAR SINGH                            ..... Judgment Debtor
                         Through: Mr. M.S.Ahluwalia, Advocate

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 15.12.2015

EA(OS) No.1053/2015(by the Decree Holder u/O XXI R 32(5) CPC)

1. This order is in continuation of the order dated 7.12.2015, on

which date, learned counsel for the Judgment Debtor had sought

further time to obtain instructions from his client. In the meantime,

counsel for the Decree Holder had agreed to hand over a draft Sale

Deed to the Judgment Debtor within three days for his perusal.

Counsel for the Judgment Debtor was directed to examine the sale

deed and after obtaining instructions from his client, revert back to the

other side within three days from the date of receipt of the draft Sale

Deed.

2. Mr.Chawla, learned counsel for the Decree Holder states that he

had handed over a copy of the draft Sale Deed to the counsel for the

Judgment Debtor on 10.12.2015, but he did not revert back.

3. Mr.Ahluwalia, learned counsel for the Judgment Debtor does not

deny the said fact. The case was passed over to enable both counsels

to interact with each other. On the second call, counsel for the

Judgment Debtor states that he has perused the draft Sale deed and

has pointed out to the other side that clause 16 thereof which

mentions the handing over of the originals of the previous Sale Deed

dated 23.2.2004 by the Judgment Debtor to the Decree Holder may be

deleted for the reason that the Judgment Debtor is not in possession

of the said Sale Deed or the previous chain of title documents. He

however submits that he is unaware of the fact as to whether his client

has lodged an FIR in respect of the loss of the title deeds which ought

to have been in his possession in ordinary course.

4. Learned counsel for the Decree Holder states that he shall

suitably modify clause 16 of the draft Sale Deed and record therein

that the vendee claims that he does not have in his possession, the

original Sale deed dated 23.2.2004 in respect of the suit premises or

the previous chain of title documents. He submits that the stamp duty

to be affixed on the sale deed shall be in accordance with the circle

rate of the area.

5. It has been enquired from the counsel for the Judgment Debtor

as to whether his client is ready and willing to appear before the Sub-

Registrar for execution and registration of the Sale deed, to which the

response is in the negative. He submits that his client is mortally

scared of the Decree Holder who has several criminal cases pending

against him and he is therefore unwilling to appear before the Sub-

Registrar for completion of the sale transaction.

6. Learned counsel for the Decree Holder states that in view of the

stand taken by the Judgment Debtor, an officer of the court may be

appointed to perform the acts directed to be undertaken by the

Judgment Debtor in terms of the judgment and decree dated

12.7.2013 for execution and registration of the sale deed in respect of

the suit premises. Ordered accordingly.

7. Mr. Rajeev Kumar Bhardwaj(Mobile No.9899978994), an officer

of this court is appointed to execute the Sale Deed in respect of the

suit premises for and on behalf of the Judgment Debtor, in favour of

the Decree Holder and appear with the Decree Holder before the

Registrar of Assurances to have the same registered. Counsel for the

Decree Holder shall contact the officer named above with a draft of the

Sale Deed, which shall be vetted and finalized and thereafter executed

in accordance with law. The fee of the officer is fixed at Rs.50,000/-,

apart from the out of pocket expenses that may be incurred.

8. The execution petition is disposed of, along with pending

applications.

HIMA KOHLI, J DECEMBER 15, 2015 mk/ap