GITABAI AND OTHERS Vs. SUNIL KUMAR AND OTHERS

JUDGEMENT

(1.) The petitioner (hereinafter referred to as defendants/judgment debtor) has filed the present revision against the order dated 26.9.2017 by which application filed by plaintiff/decree holder under section 148 of C.P.C. has been allowed by extending the time period for depositing the decretal amount.

(2.) The respondent No. 1 (hereinafter referred to as the plaintiff/decree-holder ) has filed the civil Suit No. 19-A/2002 seeking decree of specific performance of the contract dated 20.8.1999. As per terms and conditions of the agreement, the defendant No. 1 and 2 are owners of two-storied house and shop constructed over land bearing Survey No. 1359 area 0.036 Hect. situated at Bus Stand, Bhanpura, District Mandsaur. The plaintiff had agreed to purchase the said house in total consideration of Rs. 22,50,001/- and out of which, he paid Rs. 1,51,000/-. The balance amount was agreed to be paid on 1.10.1999.

(3.) The defendant filed the written statement and contested the suit. Vide judgment and decree dated 22.12.2003, the learned trial Court had decreed the suit in favour of plaintiffs with a direction to pay the balance amount of sale-consideration within three months from 22.12.2003 and the defendant No. 1 and 2 were directed to execute the sale deed and on receipt of the balance amount, if they do not execute the sale-deed, then the plaintiff would be entitled to get the sale-deed registered through Court and thereafter, he shall obtain the vacant possession. The operative part of the judgment and decree is reproduced below:-