GURTEJ SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 18/2/2022 passed by the Court of Additional Civil Judge (Sr. Divn.), Phul, District Bathinda, whereby, an application filed at the instance of petitioner-decree holder, invoking Sec. 152 read with Sec. 153 CPC, seeking modification of the judgment and decree dtd. 17/8/2016 has been dismissed.

(2.) Brief facts of the case are that the petitioner filed a suit for specific performance against respondent, based on an agreement to sell dtd. 23/5/2011. During pendency of the suit, both the parties entered into a settlement resulting into grant of decree for possession in favour of petitioner, by the Court of learned Additional Civil Judge (Senior Divn.), Phul. The operative part from the said judgment dtd. 17/8/2016 is reproduced herein as under:

(3.) As per the judgment dtd. 17/8/2016, the petitioner was to deposit balance sale consideration with the respondent-defendant within a period of 30 days and thereafter, the sale deed was to be executed in his favour. It is a matter of record that petitioner-plaintiff did not make payment of balance sale consideration to the respondent-defendant as directed vide judgment dtd. 17/8/2016. Resultantly, no sale deed could be executed in his favour by the respondent.