BIDHI CHAND Vs. SHANTI DEVI

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned executing Court on 2.8.1994 whereby the application for restoration of the possession delivered to the plaintiff in pursuance of decree dated 5.5.1986 was declined.

(2.) Plaintiff-Smt. Shanti filed a suit for pre-emption, which was decreed on 5.5.1986. However, in the said decree, the learned trial Court had not ordered the decree-holder to deposit the stamp and registration charges as the total pre-emption amount. This Court, on 15.2.1989, in a Civil Revision preferred by defendant No.2 amended the decree by adding the requisite stamp charges of Rs.3,250/- as pre-emption money.

(3.) Consequent to the said order, the decree-sheet was amended by the trial Court on 29.10.1992. The plaintiff was given two months time from the date of order dated 29.10.1992 to make the deposit. Such amount was not deposited within the time granted. Thereafter, the petitioner moved an application for restoration of the possession on the ground that since the plaintiff had not deposited the pre-emption amount within the time prescribed, therefore, the possession which had been delivered in pursuance of the decree dated 5.5.1986, was liable to be restored to the defendantvendee. The learned executing Court declined such application on the ground that in the order dated 29.10.1992, there is no stipulation as to the consequences of non-payment of the stamp duty and registration charges. Therefore, the petitioner cannot seek restoration of possession.