R.L.ANAND, J. - (1.) THIS Civil Revision has been filed by Shri Chander Bhan petitioner against the order dated 7.8.1993, passed by the Court of Sub Judge Ist Class, Rewari, who dismissed the execution application of Shri Chander Bhan under Order 21 Rule 11 C.P.C. when it was prayed by Shri Chander Bhan that Shri Banwari Lal be directed to execute the sale deed in his favour and if he does not execute the sale deed the court may appoint a local Commissioner for the execution of the sale deed.
(2.) SOME facts can be noticed in the following manner. The litigation started when Shri Banwari Lal respondent filed a Civil Suit No. 120 of 1976 tilted Banwari Lal v. Chander Bhan and the suit was pending in the Court of Sub Judge Ist Class, Rewari. The suit was for permanent injunction vide which the plaintiff Shri Banwari Lal called upon the Court to issue an injunction restraining Shri Chander Bhan not to interfere in his possession with respect to the land measuring 18 Kanals 2 Marlas described in the Head Note of the said suit situated in village Dulhera Khurd in Sub Tehsil Bawal of Tehsil Rewari. During the pendency of the suit, the parties entered into an agreement and on the basis of that agreement that suit was decreed on 1.9.1977 to the following effect :- (a) The DH was to sell the entire suit land measuring 18 Kanals 2 Marlas to the defendant for a cash consideration of Rs. 12,000/- total in instalment as per the following schedule :- (i) Rs. 1,000/- was to be paid as earnest money on or before 30.9.1977. (ii) Rs. 5,000/- was to be paid by the JD on or before 31.5.1979 and on receipt of the said sum the DH was to execute a sale deed in respect of half share on the suit land. (iii) The balance amount of Rs. 6,000/- was to be paid by the JD on or before 31.5.1979 and on receipt of the said sum, the DH was to execute sale deed qua the remaining half share.
(3.) IT was also agreed upon that in the meanwhile a decree for permanent injunction shall be issued in favour of plaintiff decree-Holder Shri Banwari Lal restraining the defendant Shri Chander Bhan from interfering in the possession of the plaintiff over the suit property.;