ORDER :

M.B. Shah, D.M. Dharmadhikari, JJ.

Leave to appeal is granted.

The counsel for the parties are finally heard on merit of the case.

2. The appellant obtained a decree of specific performance of the suit property against the respondent. The terms of the decree read thus:

"The suit of the plaintiff for possession by way of specific performance of agreement dated 16-5-1987 of the land measuring 30 kanals 14 marlas is decreed with costs. The defendant is ordered to execute the sale deed of the suit land in favour of the plaintiff after receiving the balance consideration. Registration charge has to be paid by the plaintiff. In case the defendant fails to execute the sale deed within one month from the date of decree in favour of the plaintiff, the plaintiff is at liberty to get the sale deed executed in execution of the decree on depositing balance consideration charges through court."

3. When the appellant as decree-holder sought execution of the above decree through court, the respondent as judgment-debtor objected to the execution stating that in terms of the decree (abovequoted) the decree-holder failed to tender the sale price to the judgment-debtor within a period of one month.