DEEP CHAND Vs. MOHAN LAL

JUDGEMENT

(1.) LEAVE granted.

(2.) SUIT for specific performance of contract filed by the respondent was decreed on 22/02/1973. The decree-sheet was amended vide order dated 5-5-1973. The appeal filed by the appellants-Judgment-Debtors was dismissed in default on 15-9-1979 which was restored and finally dismissed on merits by the District Judge, Gurgaon on 11-3-1981 subject to the condition that in case the judgment-debtors make the payment of Rs. 15,500.00 to the decree-holder, plaintiffs' suit shall stand dismissed and appeal accepted. The first instalment was to be deposited on or before 15-4-1981 and second on or before 15-5-1981. The judgment-debtors failed to abide by the terms of the said decree. The decree-holder was, therefore, entitled to get the decree executed in lieu of Rs. 25,000.00 out of which he was stated to have already deposited a sum of Rs. 10,218.00 as earnest money at the time of the agreement and had deposited the balance amount on 12-1-1982. The amount was deposited in favour of the mortgagee with the result that the land was redeemed. Thereafter the decree-holder filed execution applications on 17-12-1982, 12-6-1984 and 21-9-1992 which were dismissed. However, the decree-holder got the sale deed executed and registered in his favour through the process of execution of the decree from the executing Court. As despite the mutation of ownership sanctioned in favour of decree-holder, the judgment-debtors did not deliver the possession of the land in question, he filed an application for execution in April, 1994 which was dismissed by the executing Court on 24/09/1998 holding that the same was barred by limitation.

(3.) ARTICLE 136 of the Limitation Act is a specific article prescribing and dealing with the applications for the execution of decrees and orders. In Govind Prasad v. Pawankumar the Privy Council held that successive applications for execution are permitted to be filed but only within the priod of limitation provided by law. ARTICLE 136 provides: <FRM>JUDGEMENT_35_SCALE3_2000Html1.htm</FRM>