Case Note & Summary
The petitioner, Narayan s/o Govind Rekhawar, filed a suit for specific performance of an agreement of sale against the respondents, Abhijit s/o Manikrao Deshmukh and Manikrao s/o Hebatrao Deshmukh, who were the judgment debtors. The suit was decreed on the basis of consent terms. When the respondents refused to execute the sale deed, the petitioner filed execution proceedings (Special Darkhast No.13/2005) before the executing Court. In the execution proceedings, the respondents raised an objection that the suit land falls under the benefited zone as per the Maharashtra Project Affected Persons Rehabilitation Act, 1999, and without permission of the Commissioner under Section 12 of the said Act, the land cannot be transferred. The executing Court, by order dated 2.2.2012, directed the decree holder (petitioner) to obtain necessary permission from the District Collector, Nanded. The petitioner moved an application (Exh.98) seeking further time to obtain the permission, stating difficulty. The petitioner then challenged the executing Court's order by filing this writ petition. The High Court held that the executing Court cannot direct the decree holder to obtain permission under Section 12 of the Act, as the obligation to obtain such permission lies on the judgment debtor who is the transferor. The Court observed that the executing Court must execute the decree as it stands and cannot impose additional conditions on the decree holder. The writ petition was allowed, and the impugned order was quashed and set aside.
Headnote
A) Civil Procedure - Execution of Decree - Specific Performance - Section 12 of Maharashtra Project Affected Persons Rehabilitation Act, 1999 - Executing Court directed decree holder to obtain permission from Collector for sale of land - Held that the executing Court cannot impose such a condition on the decree holder as the obligation to obtain permission lies on the judgment debtor who is the transferor, and the decree must be executed as it stands without adding new conditions (Paras 2-5).
Issue of Consideration
Whether the executing Court can direct the decree holder to obtain permission under Section 12 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, for the sale of land in execution of a decree for specific performance of a sale agreement.
Final Decision
The writ petition is allowed. The impugned order dated 2.2.2012 and 18.2.2012 passed by the executing Court in Special Darkhast No.13/2005 are quashed and set aside. The executing Court is directed to proceed with the execution of the decree in accordance with law.
Law Points
- Executing Court cannot direct decree holder to obtain permission under Section 12 of the Maharashtra Project Affected Persons Rehabilitation Act
- 1999
- when the judgment debtor is the transferor and the decree is for specific performance of a sale agreement
- Executing Court must execute decree as it stands without imposing additional conditions on decree holder
