BIRBAL SINGH Vs. RANDHIR SINGH

JUDGEMENT

(1.) At the time of passing of the decree in favour of the plaintiff/decree-holder, petitioner herein, three months' time was given to him to pay the balance sale consideration to the defendant so as to enable him to execute and register the sale deed of the land in suit in his favour. Operative portion of the decree in favour of the petitioner-plaintiff is as under:

(2.) The payment was not made within the stipulated time by the plaintiff, whereas on the other hand defendant/judgment-debtor had challenged the decree, operation of which was then stayed. Agreement to sell is of 9.5.2003. Decree was passed on 12.11.2008. Appeal preferred by the judgment-debtor against the decree was dismissed on 16.7.2010. Even after decision of the first appeal in favour of the plaintiff/decree-holder, balance sale consideration was not deposited by him. The lower court was right in coming to a conclusion that even if three months' time for deposit of balance sale consideration is to be counted from the date of order of the first Appellate Court i.e. 16.7.2010, balance sale consideration was to be deposited by 16.10.2010.

(3.) Without complying with the orders of the trial court as well as of the first Appellate Court, the plaintiff only got awakened much later and made an application for extension of time for deposit of balance sale consideration on 13.12.2011 i.e. after about one year and two months of passing of the decree by the first Appellate Court.