RSA No. 4215 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 4215 of 2011 (O&M) Date of decision: 31.10.2011 Bhupinder Singh Kallewala ........ Appellant Versus Balbir Singh and another ........ Respondents CORAM: HON'BLE MR.JUSTICE JORA SINGH PRESENT: Mr. Ranjit Sharma, Advocate for the appellant. JORA SINGH, J. Learned counsel for the appellant submits that appeal is time barred but as per agreement in question appellant and his brother namely Sukhwant Singh, had jointly signed the agreement in question. Payment of earnest money was also received jointly by both the brothers. According to the judgment and decree dated 7.8.2009, passed by the learned Civil Judge (Senior Division), Tarn Taran, both the brothers have been directed to pay the decretal amount. Learned counsel for the appellant further submits that the appellant is ready to pay half of the decretal amount with interest but payment is to be paid in installments. Execution application is pending and direction be given to the Executing Court that appellant be allowed to deposit half of the decretal amount with interest through installments. Main suit for recovery was instituted by Balbir Singh, on the RSA No. 4215 of 2011 (O&M) -2- allegation that in view of agreement to sell dated 29.5.2006, appellant and his brother Sukhwant Singh agreed to sell the land measuring 24 kanals situated in the area of village Lalpura Tehsil Sahib to Balbir Singh for a total consideration of ` 23,45,000/- and both the brothers have received ` 6 lacs as earnest money. Suit of the plaintiff/respondent-Balbir Singh, was decreed vide judgment and decree dated 7.8.2009. As per the aforesaid judgment and decree, appellant and his brother were directed to refund the earnest money of ` 6 lacs with interest at the rate of 12% per annum from the date of execution of agreement to sell till date of filing of the present suit succeeds. The plaintiff-respondent No.1 was also awarded pendente lite interest from the date of institution of suit till the date of decree at the rate of 12% per annum with future interest from the date of decree until full and final recovery at the rate of 6% per annum. Judgment and decree passed by the trial Court was upheld by the Ist Appellate Court. Only grievance of the appellant is that he is ready to make payment of half of the decretal amount with interest through installments. Execution application is pending before the Executing Court. Decree in question is being executed against the appellant and his brother Sukhwant Singh and it is for the Executing Court to see whether half of the decretal amount with interest is to be paid through installments by the appellant and the remaining half of the decretal amount with interest is to be paid by his brother Sukhwant Singh or entire decretal amount with interest is to be recovered from the appellant. No direction can be given to the Executing Court that only half of the decretal amount with interest is to be payable by the RSA No. 4215 of 2011 (O&M) -3- appellant and payment is to be made through installments. Learned counsel for the appellant submits that the instant appeal be dismissed as withdrawn with liberty to move an application before the Executing Court, to pay half of the decretal amount with interest through installments. As discussed earlier appellant is at liberty to move an application before the Executing Court to pay half of the decretal amount with interest through installments. In case, an application is filed by the appellant regarding payment of half of the decretal amount with interest through installments then it is for the Executing Court to see as to whether the appellant is to be permitted to make half of the payment of the decretal amount with interest through installments and remaining half of the decretal amount with interest is to be paid by his brother namely Sukhwant Singh or entire decretal amount with interest is to be recovered from the appellant. For the reasons recorded above, the instant appeal stands dismissed as withdrawn. October 31, 2011 ( JORA SINGH ) rishu JUDGE