The court established the principle that an executable order can be enforced by the decree holder, and a judgment debtor can seek enforcement of the decree by way of execution.

JUDGMENT :

Bivas Pattanayak, J.

1. This civil revisional application under Article 227 of the Constitution of India has been filed by the petitioner-complainant for quashing and/or setting aside the entire execution proceeding being EA 20 of 2018, arising out of complaint case being C.C. Case No. 137 of 2014, pending before the learned District Consumer Forum, Hooghly.

2. The brief fact of the case, in nutshell, is as follows:

(i) The opposite party nos. 3, 4 & 5 while being seized and possessed of the bastu land measuring an area of 3 cottahs 4 chittaks 9 Sq Ft comprised within RS plot No. 5994, appertaining to R.S Khatian No. 4121, under LR plot No. 6466, corresponding to L.R Khatian No. 7105//1, Mouza- Serampore, J.L No. 13, municipal holding No. 8/B, Zamindar Bagan Lane, under Serampore Municipality, P.S Serampore, District-Hooghly, on 5th November 2009 entered into a development agreement with a developer firm namely M/s Sumit Enterprise represented by its partners opposite party nos. 1 & 2.

(ii) Pursuant to such development agreement, the opposite party nos. 3, 4 & 5 also executed a registered power of attorney empowering the Developer Firm to carry out all incidental and essential exercise for the purpose of giving complete affect to the development agreement.

(iii) The petitioner desirous of purchasing one self-contained apartment in the said proposed construction, entered into a memorandum of agreement with the opposite parties on 2nd February 2010 in respect of flat no. 102, measuring 600 Sq ft in the first floor, at a consideration of Rs. 5,40,000/- to be paid on different dates/events and that the possession and registration shall be done within 31st March 2011. The petitioner on the date of execution of the memorandum of agreement for sale paid a sum of Rs.1,00,000/-.

(iv) After partial construction work since the Developer Firm represented by opposite party nos. 1 & 2, could not be contacted, the landowners namely opposite party nos. 3, 4 & 5 on 26th June 2013, revoked the power of attorney granted in favour of the Developer firm.

(v) The petitioner was placed in a peculiar circumstance upon revocation of the power of attorney, since he had already paid a sum of Rs.4,90,000/-to the opposite parties on different dates and only Rs.50,000/- was remained to be paid as the same was agreed to be made at the time of registration of the flat-in-question.

(vi) The petitioner for redressal of his grievances as aforesaid, preferred a complaint case being C.C Case no.137 of 2014 before the learned District Consumer Forum, Hooghly praying, interalia, for an order upon the opposite parties to hand over and transfer the right, title and interest of the said residential flat in favour of the petitioner by way of registration of the title deed along with costs for deficiency of service.

(vii) During the pendency of the complaint case before the learned District Consumer Forum, the opposite party nos. 3, 4 & 5 approached the petitioner and decided to execute a memorandum of agreement on 27th July, 2015 acknowledging the fact that the developer since no longer is empowered to carry out any further development work, the rest work of construction would be carried out by them.

(viii) On 29th February 2016 the opposite party nos. 3, 4 & 5 executed a registered deed of conveyance transferring the flat-in-question in favour of the petitioner.

(ix) The aforesaid fact of registration of the flat-in-question in favour of the petitioner by opposite party nos. 3, 4 & 5, despite due instruction, was not disclosed before the learned District Consumer Forum by the concerned learned advocate.

(x) On 21st June, 2016, the learned District Consumer Forum finally decided the consumer dispute raised in the complaint case in favour of the petitioner herein and directed the land owners namely opposite party nos. 3, 4 & 5 and developers namely opposite party nos. 1 & 2 to execute registered deed of conveyance in respect of the flat-in-question in favour o