(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Sankar Chandra Saha ________________________________ Appellant
v.
Badal Krishna Pal and Others _____________________ Respondent(s)
Civil Appeal No. 6633 of 2018 [Arising out of S.L.P.(C) No. 21680 of 2017], decided on July 12, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard Mr. Rana Mukherjee, learned senior counsel for the appellant and Mr. Ranjan Mukherjee, learned counsel along with Mr. Chanchal Kumar Ganguly, learned counsel for the respondents.
3. Having heard learned counsel for the parties, we do not find any error with regard to the findings recorded by the trial court and affirmed by the High Court pertaining to readiness and willingness. However, in the course of hearing, it is submitted by Mr. Rana Mukherjee that the possession was not parted with and the respondents had only given six lakhs in pursuance of the agreement. The agreement is dated 1st January, 2004. We have been apprised that the prices have gone up in the area. That apart, we have been apprised that in pursuance of the decree passed by the trial court and affirmed by the High Court, the plaintiff-respondents on 25th July, 2017, have deposited Rs. 29,00,000/- (Rupees twenty-nine lakhs only) before the executing court. Out of the said amount, the Allahabad Bank has been given Rs. 13,86,207/-(Rupees thirteen lakhs eighty-six thousand and two hundred seven only) to redeem the property so that it could be registered in favour of the plaintiff-respondents.
4. In view of the aforesaid, the decree passed by the trial court and affirmed by the High Court, is modified to the following extent:
(i) The present appellant, who had accepted Rs. 6,00,000/- (Rupees six lakhs only) in pursuance of the agreement entered into on 1st January, 2004, shall pay a sum of Rs. 22,50,000/- (Rupees twenty-two lakhs fifty thousand only) to the plaintiff-respondents within six weeks from today.
(ii) Out of Rs. 29,00,000/- (Rupees twenty-nine lakhs only) deposited by the plaintiff-respondents before the executing court, the amount that has been made over to the bank for the purpose of redemption of the mortgage i.e. Rs. 13,86,207/- (Rupees thirteen lakhs eighty-six thousand and two hundred seven only), shall be paid by the appellant to the plaintiff-respondents along with interest at the rate of 9% from the date of deposit (i.e. 25th July, 2017), within twelve weeks from today so that there will be no controversy or litigation with regard to the property between the bank and the appellant and for that matter the appellant and the respondents.
(iii) The balance amount which is lying in deposit before the trial court shall be refunded to the plaintiff-respondents with accrued interest within two weeks hence.
(iv) If any document has been executed by virtue of the order passed by the executing court, it will be duty of the executing court to see that all the property papers are handed over to the appellant after the terms and conditions stated herein-above are fully complied with.
(v) If the appellant fails to comply with any of the conditions mentioned herein-above, the aforesaid modification in the decree passed by the trial court which has received the stamp of approval by the High Court, shall stand revived.
5. The appeal stands disposed of accordingly. There shall be no order as to costs.
Petition(s) for Special Leave to Appeal (C) No. 21680/2017
Sankar Chandra Saha ________________________________ Petitioner
v.
Badal Krishna Pal & Ors _________________________ Respondent(s)
(With appln.(s) for exemption from filing c/c of the impugned judgment, exemption from filing O.T., permission to file addl. Documents and for vacating status quo)
Date: 12-07-2018 This petition was called on for hearing today.
(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
For Petitioner(s) Mr. Rana Mukherjee, Sr. Adv.
Mr. Kabir Shankar Bose, Adv.
Mr. Kushagra Pandey, Adv.
Ms. Ekta Pradhan, Adv.
Mr. Janmesh Kumar, Adv.
Mr. Himanshu Shekhar, AOR
For Respondent(s) Mr. Ranjan Mukherjee, Adv.
Mr. Shiva Prasad Ghosh, Adv.
Mr. Chanchal Kr. Ganguly, Adv.
Mr. Anindo Mukherjee, Adv.
Mrs. Sarla Chandra, AOR
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is disposed of in terms of the signed order.
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