JUDGMENT

Mrs. Sujata V. Manohar, J.-Civil Appeal No. 4631A of 1993 is by original defendant to the suit challenging the decree of specific performance which has been passed in appeal by the High Court of Calcutta against the appellant. The judgment and decree of the High Court in appeal is dated 28th of August, 1991. By this judgment and decree, the judgment and order of the trial court dismissing the respondent s suit for specific performance was set aside. The High Court granted to the respondent a decree for specific performance of the contract in question and directed the appellant to execute the deed of conveyance as set out therein on the respondent paying to the appellant the amounts set out therein. The decree provided that the respondent shall make these payments with interest as specified therein within a period of three months from the date of the judgment; and the appellant was directed to execute the documents within three months thereafter. The respondent, however, did not make payment within specified period which expired on 27th of November, 1991. The respondent, however, ultimately made an application dated 3rd of February, 1992 before the High Court for extension o