H.C. Mishra,J. - (1.) Heard learned counsel for the petitioners judgment-debtors and learned counsel for the opposite party decree-holder.
(2.) The petitioners are aggrieved by the impugned order dated 24.06.2013, passed by the learned Civil Judge (Senior Division)-II, Dhanbad, in Execution Case No.2 of 2009, whereby the application dated 4.01.2012 filed by the judgment-debtor for rescinding the contract, was rejected and the decree-holder was directed to deposit the balance amount of the consideration in favour of the judgment-debtor, for execution of the contract, so that the compromise decree be executed.
(3.) The facts of the case lie in a short compass. The parties entered into an agreement on 18.04.2005, for sale of the suit property, i.e., house with 30 kathas of land situated in Dhanbad, fully discribed in Schedule-A to the plaint, by the defendants petitioners to the plaintiff respondent. As the said agreement could not be followed, the suit for specific performance of the contract was filed by the opposite party herein. The said suit was compromised between the plaintiff and the defendants on 11.11.2008, pursuant to which the compromise decree was passed. The relevant portions of the compromise, as detailed in paragraph 3 of the compromise petition, are quoted herein below:- "(i) In the original agreement dated 18.04.05 for specific performance of which the present suit has been filed, defendant No.1 had agreed to sell 30 kathas out of 33 Kathas land described in the Schedule A of the plaint but now it has been agreed that defendant No.1 will sell the remaining 3 kathas of Schedule A to the plaintiff or his nominee/nominees for the consideration of Rs.17,50,000/- (Rupees Seventeen Lac Fifty Thousand only) to be paid along with the balance consideration payable under original agreement dated 18.04.2005. (ii) the balance consideration payable under original agreement dated 18.04.05 was Rs.71,39,000/-, which was payable within three months from the date of the agreement i.e. within 18.07.2005. In order to compensate for the losses suffered by defendant No.1 owing to delayed payment of balance consideration, the plaintiff shall pay defendant No.1 or 3 simple interest @ 9% per annum on the balance consideration of Rs.71,39,000/- w.e.f. 19.08.05 till the date of payment of the said balance consideration. (iii) It is further agreed between the parties hereto that plaintiff shall pay the balance consideration of Rs.71,39,000/- with interest thereon for the period as stipulated above and at the same time pay Rs.17,50,000/- for the 3 Kathas of land which was not agreed to be sold in the original agreement but now agreed to be sold hereby within 90 days of execution of this compromise petition. (iv) Thus it is agreed between the parties hereto that entire amount payable by the plaintiff to defendant No.1 either through her attorney or to her shall be payable by the plaintiff within 90 days from the date of execution of this compromise petition and on receipt of said sum defendant No.1 through defendant No.3 shall execute sale deed/deeds in favour of plaintiff or his nominee/nominees to transfer entire 33 Kathas land described in Schedule A of the plaint of this suit to the plaintiff or his nominee. (v) It is further agreed between the parties hereto that on payment of Rs.17,50,000/- for the remaining 3 Kathas of land and balance consideration of Rs.71,39,000/- with interest thereon as provided herein before to the defendant No.l through defendant No.3, the later will deliver the possession of entire Schedule A to the plaintiff or his nominee/nominees. (vi) It is further agreed that time is the essence of the compromise. The plaintiff must pay the above stated full amount of Rs.71,39,000/- with interest @ 9% with effect from 19.08.2005 till the date of payment + Rs.17,50,000/- for the three Kathas of land as agreed within the stipulated time period in this compromise i.e. within 90 days from the date of execution of this compromise petition. If the plaintiff does not pay the agreed amount in time, then the entire sale agreement shall be deemed to have been cancelled and the defendants shall return the advance amount received Rs11,11,000/- to the plaintiff within 15 days. Thereafter the defendants shall be free to sale the said property under this litigation to any third party as and when they so desire. The plaintiff shall have no claim on this property or against the defendants. (vii) Defendant No.1 and defendant No.3 undertake that they will provide every assistance in execution and registration of sale deed and if any legal impediment arises in course of and regarding registration of sale deed in respect of Schedule A, Defendants No.1 and 3 will get rid of such impediment at their own cost. (viii) Defendant No.1 through defendant No.3 shall hand over original documents of title and revenue records (Sale deed, mutation order, up to date rent receipts showing payment of ground rent) of the suit land to the plaintiff at the time of receipt of total consideration stipulated above. *** *** *** . " ;