S.RAVINDRA BHAT, DEEPA SHARMA
ENGINEERING AND INDUSTRIAL CORPORATION (P) LTD. – Appellant
Versus
C. M. SHARMA – Respondent
S. RAVINDRA BHAT, J.
1. The present appeal questions the judgment and order of the learned Single Judge, dismissing application E.A. No.1996/2014 in the course of execution proceedings. The application moved by the Judgment Debtor (appellant) [and referred to hereafter as such] had called into question the previous order requiring deposit of Rs. 11,28,300/- as well as the charges payable to the Local Commissioner for execution of the sale deed.
2. The facts necessary for deciding the appeal are that the plaintiff (hereafter referred to as “Decree Holder”) entered into an Agreement to purchase the property, i.e. a shop at Inderpuri, New Delhi on 25.05.1951. The entire consideration – of Rs. 1375/- was paid by him in 1952. On 14.03.1961, the appellant/Judgment Debtor sought deposit of registration charges which at that time was Rs. 131/-, a fact produced on the record by documentary evidence (Ex.P-7). The Decree Holder/plaintiff complied with this payment and paid the said amount on 30.03.1961. The original plaintiff/Decree Holder’s predecessor-in-interest died and his legal representatives/heirs instituted a suit for specific performance and also sought a decree for posse
Pyare Mohan Lal v. State of Jharkhand and Ors. AIR 2010 SC 3792
Bachhaj Nahar vs. Nilima Mandal & Ors 2008 (17) SCC 491
Krishna Priya Ganguly v. University of Lucknow AIR 1984 SC 186
ONGC Ltd. v. Modern Construction & Co. 2014 (1) SCC 648
Haryana Vidyut Prasaran Nigam Ltd. & Anr. v. Gulshan Lal & Ors. 2009 (13) SCC 354
Ghaziabad Development Authority v. Urmila and Anr. 2004 (13) SCC 489
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