HEMANT GUPTA, J. - (1.) The challenge in the present revision petition is to the order dated 24/7/2004, 9/8/2004 and 25/8/2004 passed by the learned Executing Court arising out of the decree in a suit for specific performance of agreement dated 5/6/1991.
(2.) The plaintiff-respondents have filed a suit for possession by way of specific performance of the agreement of sale dated 5.6.1991 in respect of seven plots measuring 48 Kanals 2 Marlas. The said land was agreed to be sold at the rate of Rs.75,000.00 per acre. A sum of Rs.70,000.00 was paid as earnest money. A sum of Rs.10,000.00 was kept with the prospective vendee on account of mortgage amount payable to one Amar Nath. It was also mentioned in the agreement that the vendor has liability towards Punjab and Sind Bank and towards Haryana Khadi Board.
(3.) The amount due to the Punjab and Sind Bank was agreed to be paid by the prospective vendee. It was also stipulated in the agreement that the balance amount i.e., after adjusting Rs.70,000/- and the amount of the loan mentioned above, would be paid to the vendor at the time of execution of sale deed. The last date for execution of sale deed was fixed as 31/10/1992. It is the case of the plaintiffs that a sum of Rs.2,16,000/- was paid on different dates including the amount of earnest money before the stipulated date of execution of sale deed. Since the sale deed was not executed on the stipulated date, a suit for specific performance of agreement of sale was filed on 18.11.1992. The said suit was decreed on 26.08.1998 on the condition of payment of Rs.1,61,733.70 as the balance amount payable to the defendant-petitioner.;