Ashok Bhan, J. - (1.) THIS order shall dispose of Civil Revision Petition Nos. 2642 and 429, both of 1994.
(2.) CIVIL Revision No. 2642 of 1994 has been filed by the decree -holder (hereinafter referred to as 'the decree -holder') Milkha Singh, judgment -Debtor (hereinafter referred to as 'the Judgment -debtor') owned two chunks of land measuring 80 Kanals 3 Marlas and 122 Kanals 12 Marlas in Village Gillanwala, Tehsil Fazilka, District Ferozepur. Judgment -debtor entered into an agreement dated 22.11.1982 to sell specified land measuring 40 Kanals to the decree -holder for a sum of Rs.60,000/ -. Out of this amount, Rs.45,000/ - was paid by the decree -holder at the time of the execution of the sale deed and the remaining amount of Rs.15,000/ - was to be paid at the time of the execution of the sale deed. Judgment -debtor did not execute the sale deed and the decree -holder was compelled to file a suit for specific performance of the agreement to sell on 20.8.85 which was decreed on 13.3.87 by the trial Court. In appeal, this judgment and decree was affirmed by the first appellate Court, and, thereafter, the Regular Second Appeal No. 1809 of 1989 was dismissed by this court on 29.3.90. Decree -holder filed an execution application. Objections filed by the judgment -debtor were dismissed on 26.3.91. Against the dismissal of the objections, no appeal/revision was filed. Second set of objections were filed by the Primary Co -operative Land Mortgage Bank Limited (hereinafter referred to as 'the Bank') before the executing court. It was claimed in these objections that the land which was agreed to be sold was under encumbrances with the Bank and the same could not be sold to the decree -holder. These objections were dismissed by the executing Court on 10.9.92. Appeal filed against the said order was also dismissed by the District Judge on 7.10.93. Sale deed was ordered to be executed through the Steno -typist of the Court, who was appointed as Local Commissioner to get the sale deed registered. The sale deed was registered on 7.2.94. On the failure of the judgment -debtor to execute the sale deed, the matter had come up before the executing Court again. It was pointed out to the executing court that in the sale deed it was mentioned that the land was without any encumbrances. The executing Court, while ordering the execution of the sale deed ordered that possession be delivered to the decree -holder only after all the encumbrances over the land in dispute have been cleared. Second condition put by the execution court was that it would be mentioned in the sale deed that the land in sale would be subject to the amount of mortgage.
(3.) C .R. 429 of 1994, filed by the Bank has become infructuous in view of the order passed by the executing court on 29.1.94 and the same is dismissed as such.;