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1990 Supreme(P&H) 360

A.L.BAHRI
Jai Singh – Appellant
Versus
Puran Singh – Respondent


Judgment

, J.

1. This revision is directed against order August 12, 1988, passed by the Additional Senior Sub-Judge, Fazilka. in execution of decree dismissing objections filed by the judgment debtors.

2. Puran Singh filed a suit for specific performance of the contract of sale dated December 7, 1981, executed by Jai Singh in his favour to sell 37 Kanals 12 Marlas of land for Rs.40,000/-. The said suit was decreed on November 7, 1984 by the trial Court. Two months time was allowed for deposit of the sale Consideration in the decree. An appeal was filed by Jai Singh which was dismissed on September 9, 1986. During pendency of the appeal an order was obtained staying dispossession. However, at the time of dismissal of the appeal no time was allowed to the plaintiff to deposit the remaining sale consideration. An application under Sec.148 read with Sec.151 of the Code of Civil Procedure was filed before the Additional District Judge who vide his order dated October 15, 1986 permitted the decree holder plaintiff to deposit the remaining sale consideration within one month. This was done on November 6, 1986 and thereafter the decree holder moved execution application.

3. Jai Singh, decre





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