Punjab-Haryana High Court
Gurcharan Singh vs Joginder Singh And Anr on 20 July, 2022
CR-386 of 2021(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
123
CR-386 of 2021(O&M)
Date of decision: 20.07.2022
Gurcharan Singh ..Petitioner
Versus
Joginder Singh and another ..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Parvinder Singh, Advocate
for the petitioner.
ANIL KSHETARPAL, J(Oral)
The petitioner is a decree holder. A decree for specific
performance of the agreement to sell with respect to land measuring 1 kanal
has been passed on 29.01.2020. The operative part of the decree reads as
under:-
"The suit of the plaintiff is hereby decreed with costs for
specific performance of agreement to sell dated
17.6.2014 of land measuring 1 Kanal out of land
measuring 01 Marla 10 Marlas bearing Khata
no.198/299 2/2 and khasra no.289 (0-18) and 290(0-12)
vide jamabandi 2011-2012 situated in the area of village
Sajawalpur H.B.No.170 Tehsil Balachaur, District S.B.S.
Nagar along with all sorts of rights appurtenant thereto,
along with right of passage for a sum of Rs.3,50,000/- in
lump sum after deducting a sum of Rs.2,50,000/-, i.e
earnest money paid by plaintiff to defendant no.1 and
further defendant no.2 is hereby directed to join the
defendant no.1 in executing a sufficient instrument of sale
deed in favour of plaintiff and to do all the necessary acts
for the same and to put the plaintiff in possession of the
aforesaid property as owner thereof with consequential
relief of permanent injunction restraining the defendant
no.2 from further alienating the suit land, in any manner
whatsoever, to any other person, except the plaintiff.
Defendants no.1 and 2 are directed to execute and get
registered the sale deed of suit property as fully detailed
in the head note of the plaint, in favour of plaintiff on
receipt of remaining sale consideration within two
months, failing which the plaintiff will be entitled to get
the sale deed executed and registered in his favour
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CR-386 of 2021(O&M) -2-
through agency of the Court and in that event, plaintiff is
directed to deposit the remaining sale consideration in
the court in the next two months. Suit of the plaintiff is
accordingly decreed, with costs."
The defendants were ex-parte in the suit. As per the office
report, respondent no.1 has been duly served with the notice but respondent
no.2 is reported to be settled outside the country. Respondent no.2 is
respondent's no.1 son. However, respondent no.1 also remained
unrepresented.
The Executing Court has dismissed the application filed by the
petitioner for extending the period for deposit of the amount on account of
rise in the cases due to the Covid-19 pandemic. It is evident that the decree
provides that the defendants will have to execute the sale deed within a
period of 2 months from the date of judgment and decree on receipt of the
balance sale consideration. However, if the defendants fail to execute the
sale deed, the plaintiff shall be entitled to get the sale deed executed and
registered through the agency of the Court on deposit of the remaining sale
consideration in the next two months. Thus, the plaintiff was required to
deposit the amount within a period of 4 months from the date of judgment
and decree dated 29.01.2020, in case, the defendants failed to execute the
sale deed.
The petitioner claims that he went abroad on 02.03.2020 and
due to lockdown because of the Covid-19 pandemic, he could not deposit
the amount for a period for nearly 4 months. He landed back in India on
04.07.2020, but was quarantined. He filed an application on 14.09.2020,
which has been dismissed by the Court.
During the Covid-19 pandemic, the entire world has faced
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CR-386 of 2021(O&M) -3-
unprecedented crisis. The Hon'ble Supreme Court has directed that the
aforesaid period shall be excluded while calculating the limitation period.
In this case, the application was filed without the loss of further
time . As per the decree passed, out of total sale consideration of
Rs.3,50,000/-, the petitioner paid Rs.2,50,000/- as the earnest money. Hence,
the remaining amount that is payable is Rs.1,00,000/-.
Keeping in view the aforesaid facts, the period for deposit of the
amount is extended by another month, from today, positively. The petitioner
shall be liable to deposit the balance amount along with interest @ 12% per
annum.
The revision petition stands disposed of.
All the pending miscellaneous applications, if any, are also
disposed of.
July 20th, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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