KABAL SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) This is a revision petition brought by Kabal singh, Judgment Debtor (JD) under the provisions of Art. 227 of the Constitution of India for quashing the order dated 25.8.2011 (Annexure P4) passed by Civil Judge (Junior Division), Mukerian, vide which the objections of the petitioner have been dismissed.

(2.) In the suit for specific performance of an agreement of sale dated 26.12.2006, with regard to a shop situated in the abadi of village Galhrian, Tehsil Mukerian, District Hoshiarpur, ex-parte decree was passed by Civil Judge (Junior Division), Dasuya on 15.4.2008 (Annexure P1). Vide the said judgment and decree, the defendant was directed to hand over vacant possession of the property in dispute to the plaintiff after executing a sale deed in respect of the shop in question, in favour of the plaintiff on receipt of balance consideration of Rs. 88,000.00 within a period of 60 days from the date of decree, failing which the plaintiff will be at liberty to get the sale deed executed and take possession from the defendant through competent court of law.

(3.) In the objections filed by the Judgment Debtor (JD), he had claimed that he was directed to hand over vacant possession of the property in dispute to the plaintiff after executing the sale deed on receipt of the balance sale consideration of Rs. 88,000.00 within 60 days from the date of decree. According to him, the Decree Holder (DH) failed to comply with the terms of the decree dated 15.4.2008 and consequently, the execution is liable to be dismissed. It is his plea that the DH had not deposited the amount of Rs. 88,000.00 within a period of 60 days from the date of decree as per the directions of the trial court contained in the judgment and decree dated 15.4.2008.