JAI PRAKASH GAUR Vs. BUDHA DEVI

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) Original Suit No.133 of 1989 Smt. Budha Devi vs. Ishwar Sharan Gaur was instituted for specific performance of an agreement for sale alleged to have been executed by the defendant Ishwar Sharan Gaur since deceased and survived by petitioner and proforma respondent nos. 2 to 5. It was alleged in the plaint that agreed sale consideration was Rs.50,000/- out of which the defendant had recived Rs.25,000/- as earnest money. The suit was decreed by Civil Judge (Senior Division), Deoria on 17.1.1996 and defendant was directed to execute the sale deed of the house in dispute in accordance with the terms of the agreement for sale in favour of the plaintiff and to deliver possession within thirty days. It was further directed that if defendant did not comply with the order within the time fixed then plaintiff would be entitled to initiate execution proceedings in the court. Against the said decree Civil Appeal No.8 of 1996 was filed in which initially stay order was granted but it was vacated on 26.5.1999. Ultimately appeal was dismissed by the Lower Appellate Court on 29.9.2005.

(3.) Execution application was filed by plaintiff decree holder respondent no.1 on 23.5.2001 through which prayer was made for permission to deposit the balance sale consideration of Rs.25,000/- in court. It is not clear as to why for two years no order regarding deposit was passed by the Executing Court. However, on 19.4.2003 the executing court directed the decree holder to deposit the amount. Thereafter it was deposited.