The time for depositing the balance sale consideration in a decree for specific performance is not automatically extended after the restoration of the judgment. The decree becomes inexecutable if the party fails to deposit the balance amount within the stipulated time and does not seek an extension of time.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for setting-aside the order dated 20.01.2018 passed by the trial Court vide which the objections filed by the petitioner in the execution petition filed by the respondent, stands dismissed.

2. Brief facts of the case are that the respondent/plaintiff Dr. Amit Arya, filed a suit for specific performance of agreement to sell dated 11.12.2004, by way of execution and registration of a sale deed qua the plot in dispute and further to grant a decree of possession or in the alternative for recovery of an amount of Rs.2.46 lacs with interest @ 18%. The petitioner contested the suit, however, the trial Court decreed the suit vide judgment and decree dated 14.05.2011 and it was directed that the petitioner/judgment-debtor, will execute the sale deed in favour of the respondent/decree-holder on receiving the balance sale consideration of Rs.8.05 lacs as per the agreement dated 11.12.2004, within a period of 02 months from the date of decree, failing which the respondent/decree-holder will be at liberty to get the sale deed executed on deposit of necessary expenses.

3. The petitioner filed an appeal before the Lower Appellate Court, which was partly allowed on 22.04.2013 and vide the decree dated 22.04.2013, the petitioner/judgment-debtor was directed to deposit a sum of Rs.2.00 lacs being double the amount of earnest money along with interest @ 9% p.a. and the said amount was deposited by the petitioner in the Treasury with an information to the respondent.

4. The respondent/plaintiff preferred a regular second appeal i.e. RSA No.4080 of 2013 and the same was allowed on 08.02.2016, setting-aside the judgment and decree passed by the Lower Appellate Court and the judgment of the trial Court was restored.

5. Since the primary dispute is with regard to interpretation of the judgment and decree dated 14.05.2011, passed by the trial Court, the same is reproduced as under:-

'It is ordered that the suit of the plaintiff succeeds and is decreed with costs. Resultantly, the plaintiff is entitled for possessions of the suit land and defendant is directed to execute the sale deed in favour of the plaintiff on receiving balance sale consideration of Rs.8,05,000/- from the plaintiff, in terms of the agreement to sell dated 11.12.2004 Ex.P1 within two months from today, failing which the plaintiff shall be at liberty to get executed the sale deed from the court on deposit of necessary expenses.

The defendant is also restrained from alienating the suit land in favour of any other person, except the plaintiff.'

6. The judgment and decree passed by the Lower Appellate Court dated 22.04.2013, reads as under:-

'This appeal coming on this 22nd day of April, 2013 before me (Sanjay Sandhir, Additional District Judge, Panchkula) for final disposal in the presence of Ms. Kanchan Bala, counsel for the appellant/defendant and Sh. Manoj Kumar, counsel for respondent/plaintiff.

It is ordered that the appeal filed by the appellant/defendant is hereby dismissed. However, decree for recovery of Rs.2,00,000/- being double amount of the earnest money along with interest @ 9% p.a. from the date of execution of agreement to sell till the date of its actual realization is passed in favour of the appellant.'

7. The operative part of the judgment passed by this Court in RSA No.4080 of 2013, on 08.02.2016, reads as under:-

'In view of what has been discussed hereinabove, the appeal is allowed, judgment and decree passed by the appellate Court is set aside and that of the trial Court is restored. The respondent shall be liable to pay costs throughout.'

8. Counsel for the petitioner has argued that the decree- holder filed an execution on 04.07.2016 i.e. after 02 months and 25 days but did not deposit the balance sale consideration, however, deposited the amount of Rs.7,39,700/- on 26.08.2016 i.e. after 41/2 months of the judgment of this Court by extending 02 months time.

9. The petitioner/judgment-debtor filed objections on 03