K.AHMAD
Tribeni Tewary – Appellant
Versus
Ramratan Nonia – Respondent
K.Ahmad, J.
1. This appeal is by the decree-holders. The main point involved in this case is whether the time fixed in a decree for the specific performance of a contract for the payment of purchase money by the vendee is open to be extended or varied by the Court passing the decree.
2. The facts giving rise to this appeal are as follows : -- There was a suit instituted by the decree-holder for the specific performance of a contract of sale of some agricultural lands. At the trial the suit was dismissed, but in appeal the judgment given by the trial court was reversed and the appellate Court came to the view that the suit should stand decreed. This was on the 31st January; 1955. The exact operative portion of the order passed in appeal was in these words : --
"The result is that the findings and judgment of the learned lower Court are reversed. The plaintiff is entitled to specific performance of her contract and her suit is to be decreed with costs and pleaders fee at the minimum contested scale. Plaintiff is directed to deposit Rs. 300.00 as the balance of the consideration money within a month of this order. Defendants 1, 2 and 3 are directed to execute a sale deed for t
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