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1998 Supreme(P&H) 73

SAT PAL
Chander Parkash Malhotra – Appellant
Versus
R. B. S. Chahal, Advocate – Respondent


Judgment

Sat Pal, J.

1. This revision petition is directed against the order dated 26th April, 1996 passed by Sub Judge, 1st Class, Chandigarh. By this order, the learned Sub Judge held that the objection- petition filed by the judgment-debtor (petitioner-herein) was not legally tenable as in these proceedings, the application of the decree-holders was not an execution application. By the said order, the learned Sub Judge also disposed of the application of the decree-holder dated 17.4.1995, holding that the option to purchase the share of the decree-holder was duly granted to the judgment-debtor vide order dated 8.6.1995 and the judgment-debtor was directed to deposit the amount on 29.7.1995, but the judgment-debtor having failed to deposit the same within the stipulated period, the decree-holder had exercised his option to purchase the share of the JD by placing on record the draft of Rs. 2.50 lacs in favour of JD. The learned Sub Judge directed the JD to take the draft of Rs. 2.50 lacs as per Rules in consideration of his share for the demised premises and if he failed to take the draft within 30 days, then the amount of Rs. 2.50 lacs was directed to be deposited in the Treasury












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