NAROTTAM Vs. GANPAT SAHKARI AVAS SAMITI LIMITED

JUDGEMENT

(1.) S. U. Khan, J. Heard learned counsel for the parties on several dates.

(2.) THIS writ petition has been filed by judgment-debtor. Petitioner-judgment-debtor executed an agreement for sale in favour of respondent on 16. 7. 1990 agreeing to sell his land admeasuring 0. 83 acres @ Rs. 17,000 per biswa and received Rs. 10,000 as earnest money. Thereafter respondent filed Original Suit No. 281 of 1989 against the petitioner for specific performance of the aforesaid agreement for sale. (In between Rs. 80,000 had been paid as part of sale consideration ). The suit was decreed by Civil Judge (Senior Division) Varanasi on 31. 7. 1998,. Against the said judgment and decree appeal was filed by the petitioner but the said appeal was dismissed for non-payment of the court fees. (Naturally there was no question of any stay order in appeal as it was defective ). Thereafter plaintiff filed execution in the form of Execution Case No. 43 of 1998, on 6. 10. 1998.

(3.) AFTER the decision of the appellate court the Civil Judge (Senior Division) Varanasi executed the sale- deed on 10. 10. 2005, copy of which is annexure to the supplementary-affidavit dated 1. 2. 2006 filed by the petitioner. In the said sale-deed it is mentioned that the balance sale consideration of Rs. 3,60,000 and odd was deposited by the decree holder in Court on 1. 8. 2003.