Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties on several dates.

2. This writ petition has been filed by judgment-debtor. Petitioner-Judgment-Debtor executed an agreement for sale in favour of respondent on 16.7.1990 agreeing to sell his land admeasuring 0.83 acres @ Rs. 17,000/- per Biswa and received Rs. 10,000/- as earnest money. Thereafter respondent filed Original Suit No. 281 of 1989 against the petitioner for specific performance of the aforesaid agreement for sale. (In between Rs. 80,000/- had been paid as part of said consideration). The suit was decreed by Civil Judge (Senior Division) Varanasi on 31.7.1998. Against the said judgment and decree appeal was filed by the petitioner but the said appeal was dismissed for non-payment of the Court fees. (Naturally there was no question of any stay order in appeal as it was defective). Thereafter plaintiff filed execution in the form of Execution Case No. 43 of 1998, on 6.10.1998.

3. In the operative portion of the decree it was provided as follows :

“Defendant is directed that in case plaintiff within two months pays him the entire balance sale consideration then the defendant should execute the sale deed in t