RAI SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is revision petition by Rai Singh judgment debtor (JD) assailing order dated 12.8.2006 passed by the executing court i.e. learned Additional Civil Judge (Senior Division), Patiala.

(2.) Suit filed by Mohinder Singh respondent (now deceased and represented by his legal representatives) for specific performance of agreement to sell was decreed by trial court vide judgment and decree dated 21.4.1987 and the decree holder (DH) was directed to deposit the balance sale consideration of Rs. 1,67,731.25 within two months. The decree holder accordingly deposited the said amount on 18.5.1987. However, both the parties preferred appeals against the judgment and decree of the trial court. First appeal preferred by JD was dismissed whereas first appeal filed by DH was allowed to the extent of deduction of Rs. 45,000/- due to the decree holder from the JD against pronote and receipt. Accordingly, the DH was required to deposit Rs. 1,22,731.25 as balance sale price within two months. However, in second appeal this Court vide judgment dated 22.12.1995 restored the decree of the trial court thereby requiring the DH to pay Rs. 1,67,731.25 as the balance sale price, to be deposited within two months.

(3.) The decree holder had filed execution petition which was, however, adjourned sine-die by the executing court on 13.2.1989 in view of interim stay granted by this Court in second appeal. The DH with permission of the court also withdrew the balance sale amount which he had already deposited pursuant to decree of the trial court.