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High Court Of Delhi
AMARJIT SINGH - Appellant
Versus
INDERPREET SINGH MONGA - Respondent
Civil 36 of 1992
Decided On : 05/04/1992
Held:-
The said business Along with the tenancy rights of the premises in which it was carried on has fallen to the judgment debtors have been allocated the goods, trade name, goodwill etc. of the said business. It follows that the party who gets the business Along with its assets inherits the liabilities also. The liabilities cannot be passed on or required to be shared by the decree holders who have nothing to do with the business after the compromise.
Date of Operation of decree
Decree Operates from the date it bears. Words and phrases - Word "endeavor"-meaning thereof.
The word "endeavor" cannot be interpreted to mean that the liability is not firm and determined. In other words it cannot be said that the liability depends on the discretion of the judgment debtors. The word "endeavor" has to be read to go with the time factor contained in the clause i.e. the endeavor has to be to pay the amount within 60 days. Thus, the use of the word "endeavor" does not mean that if the judgment debtors fail in their endeavor they need not pay the amount.
Compromise decree - Compromise decree executable-both parties to perform their obligation-execution sought by one party-resisted by another on ground that decree holders not performed their part of obligations-objection raised not tenables.
Any party who feels aggrieved regarding non-implementation of the compromise decree can seek execution of the decree. Any view contrary to this will mean that a party can frustrate the entire compromise. This could not be the intention of the compromise. thereforee, the objection is not sustainable and is hereby rejected.
If the judgment debtors are aggrieved about any action or any inaction on the part of the present decree holders in complying with the terms of the decree, the judgment debtors are free to take their independent action in accordance with law. They cannot be heard to lay down conditions in the present proceedings for compliance of the decree specially when the conditions sought to be put by them have been found to be untenable.
( 1 ) THE decree holders in the present Execution Petition, were defendants in a suit (bearing No. 2366/1988) filed in this Court by the present Judgement Debtors. The parties to the said suit as well to the present execution petition are children of Late Sardar Iqbal Singh Monga. A compromise was arrived at between the parties in the said suit and an application Under Order 23 Rule 3 Civil Procedure Code was filed containing the terms of the compromise. On the basis of the compromise a decree was passed on 24th April, 1990 and the suit stood disposed of. The present excution petion has been filed by the defendants in the said suit for execution of the decree passed therein. Under the compromise decree the following properties were allotted to the defendants who are the decree holders in the present petition:-
(I) Plot No. S62, Shalimar Garden, District Ghaziabad, (U. P) - Shri Amarjit Singh can get the same transferred, mutated in his own name from the concerned authorities. This plot is at present mortgaged with the Canara Bank, Gurudwara Road, Karol Bagh, New Delhi-110 005 Branch. The Plaintiffs shall endeavour to get the same cleared from the bank within 250 days, following after the compromise being made a decree of this Hon ble Court.
(II) Tenancy right with respect to property bearing No. 59/36, Rohtak Road, New Delhi- Mr. Balbir Singh who is already staying there, shall pay rent, obtain receipt and get the electricity and water connections transferred in his own name.
(III) Tenancy right with respect to flat No. A-7, Prehiad Market, Karol Bagh, New Delhi - Mr. Rajwant Singh staying there shall pay rent, obtain receipt from the landlord, and get the electricity and water connections transferred in his own name. Flat No. A-8, Prehiad Market, Karol Bagh, New Delhi - Mrs. Satinder Kaur can get the same transferred in her own name from landlord, pay rent, obtain receipt and get the electricity and water connections etc.
(IV) Two telephones bearing Nos. 592155, and 5724056 - Mr. Amarjit Singh shall get the telephone bering No. 592155 transferred in his own name and Mr. Blabir Singh will get the telephone bearing No. 5724056 transferred in his own name from the concerned authorities.
( 2 ) C/in addition to above, the Plaintiffs shall endeavour to pay a sum of Rs. 10. 25 lakh (Rupees ten lakh, twenty five thousand only) to Defendants in 60 days following after this compromise being made a decree of this Hon ble Court.
THE decree holders have sought assistance of this Court in the following manner:- (a) That the Immovable Property commonly known as A-249, Vikaspuri,new Delhi measuring 12 mts. x 27 mts. and bounded as : north: A-277 south: Road east: A-250 west: A-248 with all rights, title, interest and superstructure if any constructed thereon may kindly be attached and directed to be sold and the sale proceeds to the extent of Rs. 10. 25 Lakhs may be paid to the decree holder. (b) That the business premises of M/s. Brightways Garment Emporium being property No. 6/78, W. E. A. Karol Bagh,new Delhi will all its fittings, fixtures, stocks be directed to be sold and sale proceeds paid to the decree holder to be satisfaction of the claim/decree. (c) That direction be issued to the judgment debtors to get Telephone No. 592155 shifted and transferred in the name of the decree holder No. 1 and to their premises, Pulmohan Flats, Punjabi Bagh,new Delhi (d) That judgement- Debtors be further directed to clear the encumberance of Canara Bank from plot No. 862, Shalimar Garden, Ghaziabad which has fallen to the share of decree holder and get the title deeds released and delivered to the decree holder.
( 3 ) JUDGEMENT Debtors have filed their objections to the execution petition in the form of a reply which bears the date 2nd January, 1992. I may note at the outset that there is no challenge to the compromise recorded by this court between the parties and to the compromise decree dated 24th April, 1990. Counsel for the judgem
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