D.P.Mohapatra - (1.) JUDGMENT , J.-
(2.) IS the execution petition filed by the appellant barred by limitation is the question that arises for determination in this appeal. The High Court having answered the question in the affirmative the decree-holder has filed this appeal assailing the order of the High Court. . The factual backdrop of the case relevant for appreciating the points raised may be shortly stated thus: The predecessor in interest of the decree- holder filed the suit against the judgment-debtor, O.S.No.35/1965, for specific performance of the contract of sale dated 7.2.1964. The suit property was described as 13 grounds and 491 sq.ft. on measurement and demarcation. The suit was decreed on 23/07/1966. The said decree reads as follows:- "(1) The defendant do measure and demarcate the boundaries for 13 grounds and 491 sq. ft. in the property described hereunder on or before 2 3.9.1966 (2) That the plaintiff do deposit into court on or before 23.9.1966 the balance of the sale price for 13 grounds and 491 sq. ft. on measurement and demarcation. (3) That on such measurement and demarcation and fixation of the price and on deposit the defendant do execute the sale deed in respect of the suit house-sites in favour of the plaintiff at her costs as agreed and in default the court do execute the sale deed on application of the plaintiff and the cost of the execution of such sale deed be recovered from the defendant. (4) That the defendant to pay to the plaintiff the sum of Rs. 1,423.00 being costs of this suit and to bear his own costs of Rs. 507.50. . The decree-holder deposited the balance of the sale price by 23.9.1966 but the measurement and demarcation was not done by the judgment-debtor on or before 23.9.1966, the time fixed for the purpose. After a lapse of more than six years the measurement and demarcation of the land was done by the judgment-debtor in the year 1973. Thereafter the decree-holder filed the execution petition on 19.4.1980 being E.P. No. 346/1981 for executing the decree for specific performance of the contract praying therein to direct the judgment-debtor to execute the sale deed as per the draft sale deed produced in the Court by the decree-holder and in default to cause the execution of the sale deed by the court.
(3.) . The judgment-debtor in the objection filed against the execution petition raised the question of limitation. It was the case of the judgment-debtor that the decree became enforceable on and from 23.9.1966 by which date the decree-holder had deposited the balance consideration. If the judgment-debtor had failed to measure and demarcate the land the decree-holder should have moved the executing court for the purpose. . It was the contention of the decree- holder that since the condition regarding measurement and demarcation of the land was complied by the judgment-debtor only in 1973 the period of 12 years is to be computed from that date and on such computation the execution petition filed on 19.4.1980 was within time.;