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1957 Supreme(Pat) 70

K.DAYAL, SINHA
Janardan Kishore Lal Singh Deo – Appellant
Versus
Girdhari Lal Sunda – Respondent


Judgment

Sinha, J.

1. This appeal by the Judgment-debtors is directed against an order of the Court below directing delivery of possession to the decree-holder.

2. The decree-holder had brought a suit for specific performance of a contract of lease of certain property. The suit was decreed by consent on the 15th October, 1947, Execution Case No. 102 of 1948 was started on the 22nd September, 1948, on failure of the judgment-debtors to execute the lease. The lease was executed by the Court in March, 1949. On the 25th March, 1949, the decree-holder applied for delivery of possession, but that application was dismissed as premature, and on the 19th April, 1949, Execution Case No. 102 of 1943 was dismissed on full satisfaction, although no delivery of possession was given. It was not surprising that delivery of possession had not been given because, though the document had been executed sometime in March, 1949. It had not been registered until the 23rd March, 1950. The delay was caused because the document had to be impounded as it did not bear sufficient stamp. On the 16th December, 1952, another execution petition was filed which was numbered as Execution Case No. 112 of 1952, and the















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