Mahesh Devi vs Chander Parkash Jain

D.V. Sehgal, J.—This revision petition is directed against the order dated 27th of October, 1986, passed by learned Sub Judge IInd Class, Ambala Cantt., as executing Court.

A decree for a sum of Rs. 10,000/- as the principal amount and Rs. 9000/- as interest, i e. in all Rs. 19,000/- was passed against the Petitioner and in favour of the Respondent. The case of the Petitioner before the executing Court was that a compromise had taken place between her and the decree holder on December 16, 1978 by which he had agreed to receive in instalments Rs. 19,000/ in all in full and complete satisfaction of the decree. It is her case that she had paid by way of instalments to the Respondent a sum of Rs. 18,720/-and was prepared to pay the balance amount of Rs 280/-, which in fact was offered before the executing Court. Her prayer, however, has been declined. The learned executing Court has observed that the Petitioner has not been able to prove by production of receipts the amount which she had allegedly paid to the decree holder.

Learned Counsel for the Petitioner has made me to go through the application filed by her and reply thereto filed by the decree-holder. She had specifically alleged in para No. 3 of the application that by way of instalments she had paid a sum of Rs. 18,720/-. In the reply the Respondent has not disputed receipt of this amount. He in fact admitted its receipt. All that he stated was that the Petitioner had committed various defaults in making payment, of the amount by instalments. It is no where shown that in what manner the instalments were to be paid and how the default was committed by the Petitioner. Thus, the learned executing Court was wrong in holding that the Petitioner had failed to produce the receipts regardin the payment of Rs. 18,720/-, claimed by the Petitioner to have been paid by her to the Respondent.

Consequently, I allow this revision petition and set aside the order dated October 27, 1986 passed by the learned executing Court, without any orders as to costs. The execution shall now be taken up by it and the balance amount of Rs. 280/-, which the Petitioner had offered, shall be got deposited in full satisfaction of the decree. The parties, through their counsel, are directed to appear before the learned executing Court on November 3, 1988.