RAJINDER KAUR Vs. S K MALHOTRA

JUDGEMENT

(1.) This is a revision petition by the defendant/judgment-debtor against the order dated November 13, 1998 passed by the Civil Judge (Senior Division), Jalandhar, whereby the objection petition filed by the judgment-debtor in the execution proceeding has been dismissed.

(2.) The plaintiff/decree-holder had filed a suit for specific performance of contract dated December 8, 1983. The suit was decreed on December 24, 1987. The defendant/judgment-debtor was directed to get the sale deed of the suit property executed from the Improvement Trust, Jalandhar in her favour within six months and also to obtain an Income-tax Clearance Certificate. The defendant was thereafter required to execute a sale deed in favour of the plaintiff in terms of the contract. The plaintiff was directed to deposit in the Court the balance sale consideration of Rs. 1,30,000/- within six months "failing which his suit shall be deemed to have been dismissed ab initio."

(3.) Operative part of the order of the learned Senior Sub Judge reads as under :-