MOHAN M.SHANTANAGOUDAR,J. - (1.) Leave granted.
(2.) The Order dated 02.09.2015 passed by the High Court of Madhya Pradesh in Civil Revision No. 35/2015 is called in question in this appeal.
(3.) Bereft of unnecessary details, the pertinent facts are that an agreement to sell the property in question was entered into by the Appellant (Buyer) and the Respondents (Sellers) on 19.11.1995 for a sum of L 3,05,000/-. A sum of L 85,000/- was paid at the time of agreement. Certain portions of the agreed amount were also paid subsequently and possession was said to have been handed over in favour of the prospective buyer. When the Respondents did not co-operate in getting the sale deed registered, the appellant filed a suit for specific performance based on the agreement of sale. The suit was decreed in favour of the Appellant on 22.09.2004, and the certified copy of the judgment and decree was delivered to the decree holder/Appellant on 19.11.2004. The Trial Court imposed certain conditions therein, which are quoted as under: "(a) The plaintiff shall pay stamp duty and penalty in accordance with Section 2, Schedule 1 A entry number 23 of the Indian Stamp Act 1899 (MP Amendment) Act 1990 on the agreement dated 19/11/1995 within two months. (b) The plaintiff is directed to pay the balance sale consideration within two months to the respondent no. 2. (c) On Plaintiff's paying stamp duty and penalty as per rules as stated above and on payment of L 65000/- as sale amount to Defendant No.2 he shall be entitled to get the sale deed of the disputed house No. 88 Balkrishna Bapuji Marg Barnagar executed by Defendant No. 2 on behalf of Defendant No.1. (d) In the event of plaintiff not paying stamp duty and penalty regarding the sale agreement (Ex.P2) within two months he will not be entitled to get the decree executed." From the above conditions embedded in the decree, it is clear that:- (a) The Appellant has to pay the balance of sale consideration of L 65,000/- within 2 months. (b) That the decree holder/Appellant shall pay Stamp Duty and Penalty as required under the statue within 2 months, lest the sale deed will not be executed and that the decree holder/Appellant will not be entitled to have the decree executed. ;