JAI DEV Vs. PREM SINGH SANINI

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 8.6.2000 passed by Addl. Civil Judge (Sr. Division), Pehowa, who dismissed the objections of the judgment-debtors (present petitioners) to the execution filed by the decree-holder.

(2.) SOME facts can be noticed in the following manner : Prem Singh plaintiff (decree-holder) filed a suit for possession by way of specific performance against Jai Dev and Rameshwar Dass of the property which is the subject matter of the head-note of the plaint. Notice of the suit was given to the defendants. The suit was hotly contested and vide judgment and decree dated 24.9.1999 it was decreed. It was mentioned in para No. 22 of the judgment as follows :-

(3.) THE decree-holder filed an application on 22.3.2000 and requested the executing Court that he intended to deposit the balance sale consideration of Rs. 5,03,730/- as the judgment-debtors did not comply with the order of the Court within the stipulated period of three months from the date of the decree. On this request of the decree-holder, the executing Court allowed to deposit the money in the treasury on the same day. He even tendered the stamp paper charges and made prayer to the Court for appointment of Local Commissioner who will execute the sale-deed on behalf of the judgment-debtors in favour of the decree-holder.