The petitioner, a decree holder, petitioned for execution after the respondent debtors refused to accept sale consideration. The court fixed an officer to execute documents conveying title once the amount was deposited with the court.
Office appointed to execute documents conveying title; fees fixed at Rs. 50,000 payable by petitioner.
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Signature Not Verified Digitally Signed By:AM UL YA
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No. 530/2009 in this Court against the Judgment Debtors/defendants seeking specific performance of Agreement to Sell dated 09.04.2008. The subject matter of the suit was the immovable property bearing House No. 7/8, Ground Floor, old Rajinder Nagar, New Delhiis 110060. The said suit remained uncontested by the Judgment Debtors/defendants and consequently a decree of specific performance
was passed by this Court on 22.02.2011, in the following terms:
"14. In view of the above, I hereby pass a decree of specific performance o the )f agreement to sell dated 9 April, 2008 inth favour of the plaintiff and against the defendants.
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15. It is further directed that subject to the plaintiff offering to pay to the defendant the amount of Rs. 2.32 lakhs within three weeks from today by a registered notice, the defendants shall ensure execution and registration of all documents which may be required conveying all right(s), title and interest in the groundfloor of the property no. 718, Old Rajinder Nagar, New Delhi-] 10060 in favour of the plaintiff and all rights in the subject property under the terms of the superior lessee of the Land & Development Office including the documents detailed in prayer clause (a) of the plaint.
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16 In the event of the defendant failing to accept the amount and executing the documents in terms of the above directions, it shall be open for the plaintiff to deposit the said amount in this court and proceed with execution of the decree granted by this court.
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The plaintiff shall be entitled to costs Of the suit which are quantified at Rs. 50, 000/- inclusive of the courtfee which has been affixed on the plaint.
The suit is decreed in the above terms. "
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3. It is the case of the petitioner/Decree holder that in terms of the aforesaid judgment/decree dated 22.02.201 1, the Decree Holder enclosed a cheque for a sum of Rs.2,32,000/- bearing No. 736621 dated 09.05.2011 drawn on Citibank, Delhi in favour of the Judgment Debtors. The said cheque was, however, returned under the cover of a letter dated 25.05.20.11issuedbythe Judgment Debtor No.2, stating that the Judgment Debtors proposed to challenge the judgment/decree dated 22.02.201 1. Copies of the letter dated 09.05.2011 with proof of dispatch and reply of Judgment Debtor dated 25.05.2011 are placed on record. The present petition has been filed by the Decree Holder on account of the refusal of the Judgment Debtors to accept the
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balance sale consideration and execute the requisite documents.
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Rs. 50,0001- excluding out of pocket expenses, which shall be
payable by the Decree Holder.
REVA KHETRAPAL (JUDGE)
March 02, 2012
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1 issue framed by the court
Whether to grant relief for execution of decree after decree-holder deposited sale consideration.
Decree Holder
Judgment Debito No. 2
Judgment Debtor No. 3
Reva Khetrapal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
