GURBAX SINGH Vs. BHAJAN SINGH ALIAS HARBHAJAN SINGH

JUDGEMENT

(1.) LEAVE to appeal is granted. The counsel for the parties are finally heard on merit of the case.

(2.) THE appellant obtained a decree of specific performance of the suit property against the respondent. The terms of the decree read thus:

(3.) THE High Court allowed the revision1 preferred by the judgment - debtor by construing the decree to have contained a requirement on the part of the decree -holder to pay or tender the sale price to the judgment -debtor within a period of one month. The High Court also observed that the decree passed on 18/1/1991 is sought to be executed in the year 1993 and there is thus no equity in favour of the decree -holder to permit him to deposit the balance sale consideration in the year 1995 and obtain registered conveyance of the suit land from the judgment -debtor. The High Court further held1 that in such circumstances, the defendant could have been allowed to rescind the contract of sale of the property.