Surinder Pal Soni Vs Sohan Lal (D) Thru LRs (Supreme Court of India)
The appeal before the Supreme Court arose from a decision of the Punjab and Haryana High Court, which had allowed a civil revision filed by the judgment debtor and dismissed the decree holder’s execution application in a suit for specific performance. The High Court substituted the decree for specific performance with a direction for refund of earnest money, accepting objections that the decree holder had failed to deposit the balance sale consideration within the time contemplated in the decree.
The litigation began in 2006 when the appellant filed a suit for specific performance of an agreement to sell dated 8 December 2003 concerning agricultural land in village Billa, Panchkula. On 20 March 2012, the Civil Judge (Senior Division), Panchkula decreed the suit for specific performance except as to 2 kanals of land. The decree directed the legal representatives of the defendant to execute the sale deed for the remaining land within two months “on making balance sale consideration amount” and permitted the plaintiff to get the deed executed through court if they failed to comply.
Both sides appealed. On 23 April 2012, the Additional District Judge issued notice in the appeal and on the stay application. Meanwhile, on 15 June 2012, the appellant initiated execution proceedings. The respondent filed objections in May 2014. On 17 January 2015, the Appellate Court dismissed both appeals and upheld the decree of the Trial Court. The executing court then rejected the respondent’s objections on 23 February 2015 and allowed execution.
