Punjab-Haryana High Court
Satvinder Singh & Anr vs Krishan & Ors on 28 November, 2013
CR No. 7250 of 2013 - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No. 7250 of 2013
Date of decision: 28.11.2013
SATVINDER SINGH & ANR
.....PETITIONERS
Versus
KRISHAN & ORS
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE S.P. BANGARH
Present: Mr. Jagjit Gill, Advocate
for the petitioners.
*****
S.P.BANGARH, J (ORAL)
Beant Singh, the father of the petitioners, herein, died in a motor vehicular accident, on 11.01.2008 at 8.15 PM, that had taken place, due to rash and negligent driving of truck No. HR-05-A 5441 by its driver. The petitioners, herein, and their mother being the legal representatives of Beant Singh-deceased filed joint petition No. 98- MACT of 2008 under Section 166 of the Motor Vehicle Act, before the Motor Accident Claims Tribunal against the driver, owner and insurer of the offending vehcile (supra).
In that petition, parties entered into compromise, whereunder, a sum of `4,19,500/- was agreed to be awarded, as a compensation to the petitioners, herein, and their mother, as a full and final settlement of the claim, that was made by the petitioners, Sunder Sham 2013.12.03 15:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CR No. 7250 of 2013 - 2- herein, and their mother in their joint petition No. 98-MACT of 2008, that was filed by them against the driver, owner and insurer of the offending vehicle.
The award was passed by the Tribunal in Lok Adalat, on 15.11.2008, and thereunder, a sum of `2,19,500/- was paid to the mother of the petitioners, herein, and the remaining amount of `2,00,000/- was given to the petitioners, herein, that was ordered to be deposited in the FDRs in their names.
Vide FDR No. 8132419 dated 31.01.2009, a sum of `1,00,000/- was deposited in the name of petitioner No.1, herein, while vide FDR No. 8132420 dated 31.01.2009, a sum of `1,00,000/- was deposited in the name of petitioner No.2, herein, in the Bank of India, Begu Road Branch, Sirsa. It was also directed, that this amount shall be kept in the names of the minor petitioners, herein, till the attainment of majority by them i.e. uptill 31.02.2021.
On 30.09.2013, the mother of the petitioners, herein, namely Amandeep Kaur entered into an agreement for the purchase of 15 marlas land located in the revenue estate of village Raghuana, Tehsil and Distt Sirsa in the name of the petitioners, herein, (copy of agreement of sale dated 30.09.2013, bearing No. 21AA 657135, has been placed on record).
For the purpose of execution of the sale deed in favour of the petitioners, herein, their mother Amandeep Kaur filed an application before the Tribunal below for premature release of the Sunder Sham amount of FDRs, ibid, for the purchase of land, ibid, vide agreement 2013.12.03 15:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CR No. 7250 of 2013 - 3- of sale, ibid, but the Tribunal disposed of the application vide order dated 26.10.2013 and directed the mother of the petitioners, herein, to file application in terms of Section 8 of Hindu Minority and Guardianship Act, 1956.
Aggrieved, against the same, the petitioners, herein, through their guardian have filed the instant revision with prayer for acceptance, thereof, and for grant of permission for premature release of the FDRs (supra) for purchasing the land by the guardian of the minor petitioners, herein, in their names on the basis of agreement of sale dated 30.09.2013.
Learned counsel for the petitioners contended that the sale deed of 15 marlas land, that shall be executed in the names of the petitioners, herein, through their guardian shall be for their benefit, as the land will give more yield than the yield, that is being given by the FDRs by way of interest. There is a merit in the contention raised by the learned counsel for the petitioners, herein.
It is not a case, where the money of the minor petitioners, herein, will be defalcated by the guardian. She has placed on record the copy of the agreement for purchase of land, that has been entered by her with the sellers namely Rashpal Singh and Sukhpal Singh. The land covered in the agreement is 15 marlas and the total price of the land is `1,75,000/-. Apart from this, some more amount shall be expended for the purchase of stamp papers, for the purpose of registration of sale deed. So, the land which is being purchased in the names of the minor petitioners, herein, will give them more yield Sunder Sham 2013.12.03 15:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CR No. 7250 of 2013 - 4- and this agreement of sale is for their benefit.
At the most, it can be directed that the banker shall make the payment of the sale consideration to the sellers namely Rashpal Singh and Sukhpal Sing, directly and the Bank Manager, shall ask for production of sale deed, that shall be executed in favour of the minors. The remaining amount of `25,000/- with upto date interest, shall be given in cash to the guardian of the minors for the purpose of purchasing stamp papers and to bear the other expenses.
The Bank Manager shall inform this Court, that the sale deed has been executed in the name of the petitioners, herein, of the amount, that was lying in their names in the FDRs.
Resultantly, the revision petition is disposed of with direction to the Bank Manager, Bank of India, Begu Road, Sirsa to release the amount of FDRs alongwith interest in terms indicated above i.e. `1,75,000/- shall be paid to the sellers mentioned in the agreement of sale, directly by way of bank draft and the remaining amount of `25,000/- shall be paid to the guardian of the minors alongwith upto date interest for the purpose of purchase of stamp papers for execution and registration of the sale deed.
The Tribunal below shall also be informed by the bank that the sale deed pursuant to the agreement dated 30.09.2013 has been executed in the names of the minor petitioners. If, sale deed is not executed in the names of the minor petitioners, then the Tribunal shall take necessary steps for recovery of the amount from the Sunder Sham guardian of the petitioners for re-investing the same in the names of 2013.12.03 15:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CR No. 7250 of 2013 - 5- the minor petitioners, as also, shall send a reference for initiating proceedings of contempt of Court against the guardian of minor petitionres.
28.11.2013 (S.P.BANGARH)
sham JUDGE
Sunder Sham
2013.12.03 15:39
I attest to the accuracy and integrity
of this document
Punjab and Haryana High Court,
Chandigarh