S.N.AGGARWAL, J. - (1.) NANHA petitioner was the owner of land measuring 7 Kanals 1 marla for which he had executed an agreement of sale dated 27.12.1991 in favour of Risala, respondent No. 1. The sale consideration was Rs. 1.5 lacs. The petitioner did not execute the sale deed in compliance with the agreement of sale dated 27.12.1991 on which Risala, respondent filed a civil suit for specific performance of agreement of sale dated 27.12.1991. The suit was decreed by the Court of Civil Judge (Senior Division), Kaithal, vide judgment and decree dated 15.1.1999.
(2.) THE following was the operative part of the judgment dated 15.12.1999 :- "It is ordered that the suit of the plaintiff succeeds and accordingly a decree for possession qua the suit land by way of specific performance of the aforesaid agreement, is hereby passed in favour of the plaintiff and against the defendants with costs. The defendants are hereby granted one month time from the date of this judgment to get the sale deed executed in favour of the plaintiff qua the suit land subject to receipt of balance sale consideration of Rs. 30,000/-. However, the expenses regarding registration and stamp etc. shall be borne by the plaintiff. Since after the execution of the agreement to sell dated 27.12.1991, by dint of judgment and decree dated 28.2.1992 handed down in civil suit No. 279 of 1992, titled Smt. Krishan v. Nanha, defendant No. 2, Smt. Krishani wife of defendant No. 1, Nanha has become owner of the suit land, so she is also directed to join defendant No. 1 in due execution and registration of the sale deed." An appeal was filed by the petitioner but it was dismissed on 2.5.1993.
(3.) RESPONDENT No. 1 moved an application 29.5.2003 for permission to deposit the balance sale consideration. That application was allowed by the Court on 15.11.2003. The respondents had deposited the balance sale consideration on 17.11.2003.;