Civil Revision No. 2804 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2804 of 2009 (O&M) Date of decision: 31.07.2009 Raj Pal ....Petitioner Versus General Public ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Monisha Lamba, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) CM No. 11896-CII of 2009 Allowed. Petitioner is exempted from filing the certified copy of Annexure P-2 and P-4. CR No. 2804 of 2009 This revision petition is directed against the order dated 11.4.2009 passed by the learned Additional Civil Judge (Senior Division), Nuh, vide which the application moved by the petitioner for withdrawal of amount of Rs.3,00,000/- (Rupees three lac only) deposited in the fixed deposit in the name of minor Netrapal, has been ordered to be dismissed. Civil Revision No. 2804 of 2009 (O&M) -2- The minor was owner of a piece of land, which the petitioner, as guardian, sold with the permission of the Court. Permission was granted on the condition, that sale consideration be deposited in the nationalized bank. In pursuance to the order passed, the amount of Rs.3,00,000/- (Rupees three lac only), representing the sale price of the land, standing in the name of the minor, was deposited in the nationalized bank. The petitioner thereafter claimed that he has entered into an agreement of purchase of 7 kanals 15 marlas of land in the name of the minor, for his benefit for total sale consideration of Rs.10,50,000/- (Rupees ten lac fifty thousand only), and already paid a sum of Rs.5,50,000/- (Rupees five lac fifty thousand only), as earnest money. The balance sale consideration is to be paid on or before 24.8.2009, when the sale deed is to be executed in favour of the minor. Request of the petitioner has been merely declined by holding, that it was not in the interest of the minor to release the amount, without giving any reasons for this finding. The petitioner is seeking withdrawal of amount for the purchase of land, which is in the interest of the minor. The land being purchased is for a sum of Rs.10,50,000/- (Rupees ten lac fifty thousand only), therefore, the purchase was certainly in the interest of the minor. This revision petition is allowed. The petitioner is allowed to withdraw the amount of Rs.3,00,000/- (Rupees three lac only) for payment of sale consideration for purchase of 7 kanals 15 marlas of land in the name of minor. The petitioner shall place the certified copy of the sale deed on the Court file, after the sale deed is executed. It is further Civil Revision No. 2804 of 2009 (O&M) -3- directed that the land shall not be sold after purchase by the petitioner, without permission of the Court. Revision allowed. (Vinod K. Sharma) Judge July 31, 2009 rs