JUDGMENT

Iqbal Ahmad, J. - This is an appeal against an order of the Court below rejecting an application for the execution of a sale deed in pursuance of a decree for specific performance of a contract of sale. The appellant obtained a decree for specific performance of a contract of sale against Khalil Ullah and Mt. Kaniz Amna Khanam so far back as in the year 1928 or 1929. It is stated that by an oversight the Court did not, by its decree, direct that on the execution of the sale deed possession of the property covered by the decree would be delivered to the decree-holder. This led to an application by the decree-holder for the correction or amendment of the decree. This application was rejected by the trial Judge, but this Court allowed the application and directed the amendment prayed for by the decree-holder. Armed with this amended decree the decree-holder applied to the Court below for execution of the sale deed in terms of the decree. In the meantime Khalil-Ullah had applied to the Collector u/s 4, Encumbered Estates Act and it is admitted before us that the Collector did forward the application to the Special Judge in accordance with the provisions of Section 6 of the Act.