JAI SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THIS revision is directed against order August 12, 1988, passed by the Additional Senior Sub-Judge, Fazilka. in execution of decree dismissing objections filed by the judgment debtors.

(2.) PURAN Singh filed a suit for specific performance of the contract of sale dated December 7, 1981, executed by Jai Singh in his favour to sell 37 Kanals 12 Marlas of land for Rs. 40,000/ -. The said suit was decreed on November 7, 1984 by the trial Court. Two months time was allowed for deposit of the sale Consideration in the decree. An appeal was filed by Jai Singh which was dismissed on September 9, 1986. During pendency of the appeal an order was obtained staying dispossession. However, at the time of dismissal of the appeal no time was allowed to the plaintiff to deposit the remaining sale consideration. An application under Section 148 read with Section 151 of the Code of Civil Procedure was filed before the Additional District Judge who vide his order dated October 15, 1986 permitted the decree holder plaintiff to deposit the remaining sale consideration within one month. This was done on November 6, 1986 and thereafter the decree holder moved execution application.

(3.) JAI Singh, decree-holder, raised objections to the execution of the decree that though he was ready and willing to perform his part of the contract, however, the decree-holder did not deposit the amount as ordered by the trial court Some objections were filed by Darshan Singh and others who had purchased part of the suit land on December 12, 1986. Different issues were framed on the objections filed. Ultimately the same was dismissed by the Additional Senior Sub-Judge, Fazilka, on August 12, 1988.