Punjab-Haryana High Court
Mohinder Singh And Ors. vs Kulwant Singh (Died) Through L.Rs. And ... on 20 January, 2000
Equivalent citations: (2000)126PLR421
Author: M.L. Singhal
Bench: M.L. Singhal
JUDGMENT M.L. Singhal, J.
1. This is civil revision filed by Mohinder Kaur against the order dated 31.1.1994 passed by Mrs. Rekha Mittal, Addl. Senior Subordinate Judge, Ludhiana whereby she dismissed the execution petition "Mohinder Kaur and Ors. v. Kulwant Singh and Ors." as fully satisfied. Facts :-
2. Mohinder Kaur is the wife and Manjit Singh and Sandeep Singh are minor sons of Satnam Singh. They filed suit for damages against Kulwant Singh and others for the murder of Satnam Singh by them. Their suit was decreed on 7.1.1984 and compensation to the tune of Rs. one lacs was awarded to them. Kulwant Singh and others when in appeal which was dismissed by the Additional District Judge, Ludhiana on 26.2.1992.
3. Kulwant Singh and others knocked the door of this Court in regular second appeal (RSA No. 1740 of 1992). On 30.9.1992, this Court passed the following orders:
"Present: None.
Admitted.
No stay."
4. Kulwant Singh and others approached this Court through CM No. 4265-C of 1993 in RSA No. 1740 of 1992 in which the following order was passed this Court on 21.12.1993:-
"Present- Mr. Arun Jain.
The prayer for stay is declined. However, the amount may be disbursed to the respondents (DHs) on their furnishing security to the satisfaction of the Court. The application is accordingly disposed of."
5. Decree holders filed application for execution of the decree which was dismissed by Mrs. Rekha Mittal, Addl. Senior Subordinate Judge, Ludhiana vide order 31.1.1994 Annexure P-1.
6. As per the decree holders, they got prepared indemnity bound of Mohinder Kaur herself and surety bound of one Dalip son of Sant Singh resident of village Doraha, standing surety for refund in case JDs' regular second appeal was accepted by this Court. Additional Senior Subordinate Judge, Ludhiana passed the following order on 31.1.1994 in the execution petition, which has been impugned here in this revision:
"In view of the statement of JD No. 1 that FDR may be made in the name of D.H. but the same may not be allowed encashed till the decision of R.S.A., pending before the Hon'ble High Court and the same be kept as a security, to be furnished by the DH,HD has made a statement raising no objection to the statement of JD Kulwant Singh. In this view of the matter a letter be written to P.N.B. Doraha to issue an FDR in the name of Mohinder Kaur, Nirmal Singh, Manjit Singh and Sandeep Singh of the amount of Rs. 1 lac which is lying deposited with the bank in the shape of FDR in the name of J.D. No. 1 Kulwant Singh with the direction to reimburse the amount of interest accrued up to 16.1.1994 in favour of JD Kulwant Singh. The DHs will not get this FDR encashed till the disposal of the R.S.A. pending before the Hon'ble High Court and the minor DHs will not be entitled to get the amount of their share of this F.D.R. even after the decision of R.S.A. without the permission of the Court. However, the amount of interest accruing on this F.D.R. may be paid to the D.Hs. In view of the statement of the counsel for the DH, this execution petition is dismissed as fully satisfied. File be consigned."
7. Additional District Judge, Ludhiana passed the following order on 4.3.1992 on the application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure filed by Kulwant Singh JD:
"Heard. The appeal in which the present application for staying the execution and operation of the judgment and decree passed in appeal is moved, was decided by this Court on 26.2.1992. In accordance with the order of the Court, fixed deposit receipt of Rs. 1,00,000/- was got prepared by the appellants and the same was kept on the file of the case. The applicant now submits that he is to file a second appeal in the Hon'ble Punjab and Haryana Court against the order dated 26.2.1992 and certified copy of the judgment and decree have not yet been supplied to him. The application is supported by an affidavit. In the interest of justice, it is ordered that the respondents/decree holders are restrained from encashing the fixed deposit receipt and from executing the decree of the trial court till 24.3.1992. Notice of this application be given to the respondents on furnishing process fee for the said date."
Kulwant Singh had surrendered FDR No. 361564 dated 2.6.1982 amounting to Rs. one lac for getting his land released from attachment which had been attached under Order 38 Rule 5 CPC.
8. Learned counsel for the petitioners submitted that the FDR in question vested in the decree holders with effect from 7.1.1984 when the suit was decreed for damages to the tune of Rs. one lac and therefore they are entitled to interest that accrued on this FDR from time to time. It was submitted that the Additional Senior Subordinate Judge, Ludhiana could not have dismissed the execution petition as satisfied. FDR became the property of the decree holders. They could withdraw the amount of FDR but on furnishing security as ordered by this Court vide order dated 21.12.1993. Direction was given to the Punjab National Bank, Doraha by the Additional Senior Sub Judge, Ludhiana to issue FDR in the name of Mohinder Kaur, Nirmal Singh, Manjit Singh and Sandeep Singh decree holders to the tune of Rs. one lac, which was lying deposited in the bank in the shape of FDR in the name of JD No. 1 -Kulwant Singh. That FDR was to be kept as security by the Additional Senior Subordinate Judge, Ludhiana in view of the order of security to be furnished by the decree holders. This court had ordered on 21.12.1993 that the amount could be disbursed to the DHs on their furnishing security and this FDR was furnished as security by the DHs. Additional Senior Subordinate Judge, Ludhiana directed that the DHs will not get this FDR encashed till the disposal of R.S.A. pending before this Court and minor DHs will not be entitled to get the" amount of their share of this FDR even after the decision of R.S.A. without the permission of the Court Additional Senior Subordinate Judge, directed that the amount of interest accruing on this FDR may be paid to the DHs. Interest accrued up to 16.1.1994 may be disbursed to Kulwant Singh JD.
9. In my opinion, Additional Senior Subordinate Judge, should not have kept the FDR as security. She should have asked the DHs to furnish independent security and on their furnishing independent security, she should have allowed the amount of Rs. one lac to be withdrawn by them. Since the FDR became the property of the DHs, from 16.1.1994 i.e. when the same was to become transferred in their name from the name of Kulwant Singh-JD. In contemplation of law, from the date onwards, they became entitled to interest which accrued thereon from time to time. Executing Court shall call upon the Punjab National Bank to pay interest which accrued on FDR on the DHs from 16.1.1994 onwards when the same was to become transferred in their name from the name of JD-Kulwant Singh after getting security from them to the tune of amount of Rs. one lac plus interest thereon. As to whether DHs are entitled to interest on the amount of Rs. one lac from the date of decree onwards, it appears that DHs have moved application under Sections 151/152/153 of the Code of Civil Procedure before the Additional District Judge. If that question is decided in favour of the DHs, then DHS will be able to recover interest on the amount of Rs. one lac from the date of decree of the trial Court and onwards. As to what amount they would be entitled on that account together with principal amount and interest, that will be determined by the executing court while recording full satisfaction on the decree. If for any period after 16.1.1994,JD Kulwant; Singh or his heirs have collected interest, that the executing Court will see, that amount; is recovered in execution from the estate of Kulwant Singh which has devolved on his heirs and, his heirs, as the case may be. DHs are thus entitled to interest for the period 16.1.1994 onwards on the amount of FDR.
10. Revision stands disposed of accordingly.