JAYAPRAKASH Vs. JOHN

JUDGEMENT

(1.) The third judgment debtor in an application for enforcement of decree for specific performance of an agreement for sale which was decreed on 22-2-1990 is the revision petitioner. As per the decree, the defendants are directed to execute the sale deed on the plaintiffs depositing the balance consideration within two months from the date of the decree. The plaintiff did not deposit the amount in time. The defendants filed A.S.567/91 challenging the judgment and decree in O.S.No.658/88 of Sub Court, Thrissur. It is stated that there is a stay of execution of the decree pending the appeal. The appeal was dismissed on 4-6-1993. Though the matter was carried further by filing A.F.A.21/94, the same also ended in dismissal on 15-7-1997.

(2.) The plaintiff filed an execution petition on 20-12-1995 in which he prayed for permitting him to deposit the balance consideration and also praying the court to execute the sale deed. The balance consideration was allowed to be deposited within two months from the date of dismissal of A.F.A.No.21/94. Thereafter, the draft sale deed was approved by the court and the document was executed. The execution petition is posted for delivery.

(3.) The revision petitioner objected to the execution petition in which he has contended that the plaintiff is not entitled to execute the decree as he did not make the deposit of the balance consideration within the time stipulated by the Trial Court. This contention was considered by the court below which rejected the same. Hence, the third judgment debtor has come up in revision before this court.