SHREE CHAND Vs. JABAL SINGH

JUDGEMENT

(1.) In pursuance of order dated 19.07.2019, learned counsel for the petitioners has deposited an amount of Rs.3,000/- in High Court Lawyers Welfare Fund towards costs of adjournment. A receipt has been placed on record, the same is taken on record. Registry is directed to tag the same at an appropriate place.

(2.) Petitioners have preferred this revision petition against the order dated 22.08.2017 passed by the Addl. Civil Judge (Sr. Divn.) Hodal vide which the application for condonation of delay and for granting permission to deposit the balance sale consideration of Rs.54,000/- was allowed.

(3.) Brief facts are that the respondent-plaintiff filed a suit for possession by way of specific performance of contract/agreement dated 09.02.2004. After due context the suit was decreed vide judgment and decree dated 05.02.2016. A decree for possession by way of specific performance was passed in favour of the plaintiff/respondent. Defendant through his legal representatives was directed to execute the sale deed of the suit property in favour of the plaintiff/respondent within a period of 30 days. The balance sale consideration was to be paid by the plaintiff to the legal representatives of the defendant at the time of execution of sale deed. It was also directed that if the sale deed is not executed within a period of 30 days, then the plaintiff shall deposit the balance sale consideration in further period of 30 days, failing which the suit shall stand dismissed and the earnest money would be forfeited. The defendants were restrained from alienating the suit property to any other person except the plaintiff. For ready reference the concluding part of the decree reads as under:-