SRI. G.H. YALLAPPA, S/O HIRIYANNA, AGED ABOUT 58 YEARS OCC AGRICULTURIST & BUSINESSMAN NO. 2593/2, "SHRUTI NILAYA" 3RD CROSS. MCC A BLOCK DAVANAGERE Vs. M/S SAHARA MINORITIES EDUCATIONAL & WELFARE TRUST OFFICE AT MASEEDI MOHAMMADIA BAR LINE ROAD DAVANAGERE

JUDGEMENT

(1.) - The Judgment Debtor in Execution Petition No. 119/2011 on the file of I Additional Senior Civil Judge, Davanagere has come up in this revision impugning the order dated 02.12.2011 wherein the Judgment Debtor is directed to execute the sale deed as per the compromise decree passed in O.S. No.250/2007.

(2.) Brief facts leading to this revision petition are as under:

(3.) In the said compromise petition three months time was stipulated to the plaintiff for securing necessary permission to get the sale deed executed in its favour. The said condition is stipulated in clause 'j' of the compromise petition. Wherein, in the alternative the plaintiff was given an opportunity to get the sale deed executed in favour of any person of its choice, in the event the plaintiffs not able to secure necessary permission from the competent authority within three months. With reference to the sale deed that is required to be executed in favour of any person of plaintiffs' choice, no time is stipulated in clause 'j' of the compromise petition. However, learned counsel appearing for Judgment Debtor who are defendants in the court below tried to substantiate that the period of three months should be construed in such a way that the said period includes the second option also. However, the reading of said clause would indicate that was not the intention of parties at the time of entering into the compromise.