SANJIV KHANNA, J.

The present intra court appeal impugns order dated 30th August, 2010 passed by the learned single Judge in Execution Petition No. 227/2010. The impugned order allows the execution petition, which was filed by the respondent herein Ram Charan Aggarwal and directs the appellants herein Ram Gopal, Prem Lata and Ram Kishan to execute a conveyance deed in favour of the Respondents in respect of property bearing No.1375, Katra Lehswan, Chandni Chowk, Delhi. Some directions have also been given to ensure compliance of the said order.

2. Ram Gopal and Ram Charan Aggarwal are brothers being sons of late Ganeshi Lal and Kasturi Devi. The father and the two sons on or about in 1962 had commenced business in partnership under the name and style of Lalji Mal Tika Ram with all the three having equal share. Ganeshi Lal passed away in 1981. Disputes arose between the two sons and their families, resulting in multifarious litigation. Reference, for the purpose of decision of the present appeal, is required to be made to some of the litigations. Ram Gopal had filed a suit for dissolution of partnership and rendition of accounts being Suit No. 737/1984. Ram Charan had also filed a suit for partition and rendition of account being Suit No. 1867/1984. Ram Gopal had filed a suit for recovery of Rs.17 lacs against Shanti Devi wife of Ganeshi Lal. Prem Lata, Ram Kishan, Sangeeta and Kumud, the first being the wife and the others being the children of Ram Gopal had initiated arbitration proceedings. Interim awards were passed in their favour. Applications for making the said awards, the rule of the court were pending in the High Court in Suit Nos. 1983-A/1995 to 1986-A/1995.

3. During the pendency of the said suits, by the intervention of the Court, parties agreed to compromise. The terms of the compromise were recorded in the order dated 23rd October, 2007. The said order is relevant but we will be reproducing and examining the said order subsequently. At this stage, we note that it was decided that the immovable properties were to be divided equally between Ram Gopal and Ram Charan. It was decided that the two brothers shall bid for immovable properties in three separate lots, i.e., properties at Mumbai, Delhi and Hathras. The higher bidder will take the property by paying 50% of the bid amount to the other side within three months. In case of failure to pay the bid amount, the other side would be entitled to the properties in the lot on payment of 50% of the lower bidder’s bid.

4. Pursuant to the said order, bids were given by Ram Gopal and Ram Charan Aggarwal. The order dated 14th February, 2008 records and gives details of the said bids, which are as under:-

5. Ram Charan Aggarwal was, therefore, the highest bidder in respect of each of the three lots at Delhi, Mumbai and Hathras and his bids were accepted. Before passing the said order, the learned single Judge took care to record the statements of the Ram Bhakt Aggarwal, attorney and son of Ram Charan as well as statement of Ram Gopal and his wife Prem Lata.

6. The total bid amount payable by Ram Charan was Rs.11.85 crores. 50% of the said

“Lots Ram Gopal Aggarwal’s bid (Rs) Ram Charan Aggarwal’s bid (Rs)

Delhi 4 crores 7.10 crores

Mumbai 3 crores 3.25 crores

Hathras 1 crore 1.5 crores”

amount came to Rs.5.925 crores. This payment was to be made within three months. Ram Charan made payment of the bid amount for Delhi and Mumbai lots but did not make payment for the immovable properties included in Hathras lot. In respect of Hathras properties, bid given by Ram Gopal became operative and binding by default.

1. 7. We are not concerned with the properties at Hathras or Mumbai lots in the present appeal and are only concerned with one of the properties at Delhi, namely, 1375, Lheswan Katra, Chandni Chowk, Delhi (the property, for short).

2. 8. The partnership firm Lalji Mal Tika Ram had tenancy rights in the property. In the two civil suits filed for partition and