NATTHUSINGH HIMANCHALSINGH Vs. SURATSINGH MATHURA PRASAD

JUDGEMENT

(1.) THIS revision under section 115 of the Code of Civil Procedure (hereinafter referred to as the Code) has been directed against the order dated 17th October 1978 passed by the learned Additional District judge, Khurai, in Civil Suit No. 3 of 1978,

(2.) THE brief facts of the case are that the applicants by a written agreement dated 20-6-1970 contracted to sell their 14 41 acres of agricultural land, to the non-applicant for a consideration of Rs. 10,000 and also delivered possession of the land to the non-applicant. The non-applicant instituted the suit for specific performance of the said contract against the applicants which was compromised in pursuance of which a compromise decree was passed on 14-9-1977. The terms of the compromise decree were that the applicants shall make payment of Rs. 14,000 to the non-applicant by 20-6-1978 in which event the non-applicant would give up his claim for specific performance of the said contract in respect of the said land and shall deliver back the possession thereof to the applicants. It further provided that in the event of failure on the part of the applicants, to make the aforesaid payment by the date specified in the decree, the non-applicant would be entitled to obtain a sale deed in respect thereof from the applicants and on their failure to do so to get the same executed by the process of the Court.

(3.) THE applicants could not manage the payment of Rs. 14,000 to the non-applicant within the aforesaid specified date, on account of failure of crops and there being no other source of income to make the payment. The applicants therefore made an application under section 148 of the Code, for extension of time upto 15-6-1979 for payment of the said amount.