IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH R.S.A. No. 4235 of 2008 (O&M) Date of decision: November 16, 2011 Hari Singh .. Appellant Vs. Datar Singh (deceased) through L.Rs. and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Gaurav Mohunta, Advocate for the appellant. Mr. Sandeep Punchhi, Advocate for the respondent No.1. Mr. Amandeep Singh, Advocate for the respondent No.2. A.N. Jindal, J (Oral) The trial court vide judgment dated 13.5.2006 decreed the suit filed by the plaintiff- respondent and directed the appellant- defendant No.1 to pay `4,06,000/- i.e. double the amount of earnest money with interest @ 7% per annum from the date of filing of the suit till realization. The appeal filed by the appellant- defendant No.1 was also dismissed by the appellate court vide judgment dated 12.9.2008. Arguments heard. The learned counsel for the appellant does not dispute about the awarding of the double of the amount as the agreement came into existence on 15.7.1998 and the dispute continued till 13.5.2006. Thus, it appeared that taking into consideration that the litigation had remained pending between the parties from the year 1998 to 2006, therefore, it was not appropriate to award the relief of specific performance and some compensation by way of damages could be awarded to the plaintiff. As such, the trial court decreed the suit for the recovery of `4,06,000/- along with interest @ 7% per annum from the date of filing of the suit till realization. The limited argument raised by the learned counsel for the appellant is that since double of the earnest amount has been awarded on account of the damages, therefore, the interest could not be awarded on this amount from the date of filing of the suit. R.S.A. No. 4235 of 2008 (O&M) -2- *** To the contrary, learned counsel for the respondent has opposed the argument and has stated that decree for specific performance was not passed, therefore, he is entitled to interest from the date of filing of the suit. Since the decree for recovery of `4,06,000/- i.e. double of the amount of the earnest money was passed, therefore, at the most the interest could be awarded from the date of passing of the decree i.e. 13.5.2006 till realization of the amount, which to my mind is quite reasonable and appropriate, particularly in view of the fact that the learned counsel for the appellant is ready with the draft of `4,06,000/- to be paid to the plaintiff- respondent. The learned counsel for the respondent- plaintiff has not accepted the same, therefore, the appellant is directed to deposit the said amount before the executing court. In the result, this appeal is partly accepted, the impugned judgment is modified to the extent that the plaintiff would be entitled to receive a sum of `4,06,000/- along with interest @ 7% per annum from the date of passing of the decree i.e. 13.5.2006 till realization of the decretal amount and failing to deposit the amount of `4,06,000/- along with interest before the executing court within one month from today, the appellant- defendant No.1 would be entitled to pay the decretal amount along with interest @ 7% per annum from the date of filing of the suit. November 16, 2011 (A.N. Jindal) deepak Judge