BAL KRISHAN KUTHIALA Vs. BHANDARI LAL

JUDGEMENT

(1.) Civil Suit No.131 of 1990, preferred for Specific Performance of Contract, was decreed by a Single Bench of this Court in favour of Plaintiff ' Degree Holder vide judgment and decree dtd. 27/3/2000, with possession of land as described in the plaint, in terms of Agreement Ex. PW-1/1, dtd. 3/8/1990, with direction to the plaintiff to deposit the balance sale consideration amount of Rs.4,89,000.00 in the Court, within a period of two months from the date of judgment and decree, and Bhandari Lal, predecessor of present Judgment Debtors was directed to execute the sale deed within four weeks thereafter.

(2.) The aforesaid judgment and decree was assailed by Bhandari Lal by filing OSA No.12 of 2000, which was dismissed by a Division Bench of this Court vide judgment and decree dtd. 18/4/2017.

(3.) In compliance of judgment and decree, passed in the Civil Suit, Plaintiff ' Decree Holder had deposited the balance amount of sale consideration in the Registry of this Court on 11/4/2000 through Banker's Pay Order, drawn on Punjab National Bank, The Mall, Shimla, with information to the defendant about such deposit. However, original defendant ' Judgment Debtor failed to execute and register the Sale Deed during his life-time.