SITABAI AND OTHERS Vs. MANSINGH

JUDGEMENT

(1.) The petitioner (hereinafter referred to as "the defendants) have filed the present petition being aggrieved by order dated 20.11.2017 by which application under Order 7, Rule 11 of the C.P.C. filed in Civil Execution Case No. 202-A/1996- 2011 has been dismissed.

(2.) Respondent, Mansingh (hereinafter referred to as plaintiff') filed the civil suit No. 202-A/1996 against defendants seeking relief of specific performance of contract dated 2.12.1992 and 11.6.1993, which was decided vide judgment and decree dated 22.4.1999 by way of compromise between the parties on following terms and conditions :

(3.) According to the defendants debtor, when the plaintiff had failed to pay amount of Rs. 1,10,000/- and Rs. 94,000/-within the time given in dcree, then he filed Execution Case for obtaining possession of land bearing Survey No. 86/3, 106 area 3.74 Acres and Rs. 75,000/- towards compensation for the period of 5 years. The plaintiff filed the reply to the said application by submitting that Rs. 61,000/- was paid on 15.1.2000 and Rs. 76,000/- was paid on 1.11.2000, therefore, the execution case is liable to be dismissed. By order dated 17.10.2012, the Executing Court had issued certain directions to the plaintiff to pay balance amount.