Sir Mr. Raj K Makad pls suggest and give ur verdict.
Amandeep Singh
(Querist) 11 April 2010
This query is : Resolved
Sir I talked to u few days back and u told me that we need not to sell our house if we r ready to pay money as per our compromise but my lawyer is saying that as per compromise we will have to sell our house or enter into an agreement to sell and only then we can file an execution petition to pay him money because it was mentioned in the compromise that the other party will stay in the house till the sale of the house and will leave on the sale and not by taking money.Sir i am bit confused and sending u complete compromise deed pls give ur verdict and any imp point so that I can suggest my lawyer and so that I can proceed:
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
Raj Kumar Makkad
(Expert) 11 April 2010
Keeping in view the terms and conditions of the supplement award, I am of the view that either you should approach civil court seeking change in the award qua the sale of the house or to obey its terms.
If you decide to approach the court then can offer therein the amount to be paid to your uncle against the award an seek eviction of him therefrom. I think court can change after hearing both parties if you succeed in convincing it reasons leading to change otherwise get it executed by selling it.
The opinion of your lawyer is correct only to this aspect if you decide to obey the award otherwise if you decide to get it amended then you can surrender the awarded amount in the court and have no need to sale it till the decision and can obtain stay order against execution of award till that period.
