( 1 ) THE petitioner was the defendant in T. S. No. 223 of 1990 of the Court of the Civil Judge (SD), Berhampur. The said suit was inter alia for specific performance of contract, and in the alternative for realization of certain amount with interest thereon. . The suit was decreed as long back as on 22nd June, 1998. The decree is sought to be executed in Execution Petition No. 27 of 2003. The order dated 3-5-2003 passed by the executing Court is assailed in this writ petition.

( 2 ) BEREFT of unnecessary details, the facts of the case are that Khali Dolai, the father of the opposite party, had filed the aforesaid T. S. No. 223 of 1990 inter alia contending that being in need of money the defendant-petitioner had approached him wishing to sell the suit property and Khali being interested to purchase the same an agreement was entered into in that regard among them on 18-1-1986. In consonance with that agreement certain amounts were paid on different dates by Khali to the defendant-petitioner, the total amount being Rs. 1,01,000. 00. The defendant-petitioner though agreed to execute and register the sale deed after receiving and received the balance consideration money of Rs. 47,000