CHANCHIL DASS Vs. SAJJAN SINGH

JUDGEMENT

(1.) This revision petition has been filed by Chanchil Das judgment debtor, against the judgment of the Subordinate Judge, 1st Class, Rajpura, dated 29th July, 1981.

(2.) Briefly, the facts are that a consent decree for specific performance of the contract of sale was passed in favour of Sajjan Singh etc. decree-holders against the judgment-debtors. The decree-holders started execution of the decree in which judgment-debtors filed objections to the effect that the decree- holders did not deposit Rs. 1250/- the balance sale price on or before 21st April, 1975, which he was required to deposit. It is alleged that in that situation the decree had becomes unexecutable. The objection petition was contested by the decree-holders and it was pleaded that non-deposit of the amount on or before 21st April, 1975 was immaterial and they could execute the decree even without any deposit having been made by the said date. On the pleadings of the parties, the following issues were framed: 1. Whether the decree dated 24th march, 1975, is not executable? OPA 2. Relief

(3.) The executing Court held that it was not provided in the decree that in case the amount was not paid by the decree-holders on or before 21st April, 1975. The suit would stand dismissed. Consequently it came to the conclusion that the decree did not stand satisfied and the decree-holders were entitled to execute the same. In view of the aforesaid findings, it dismissed the objections of the judgment-debtors. Only Chanchil Dass has come up in revision against the judgment of the execution Court to this Court.