HEMANT GUPTA,J - (1.) THE challenge in the present revision petition is to the order passed by the learned Executing Court dated 20.9.1996, whereby objections filed by the petitioner- judgment debtor, to the execution of the decree dated 9.8.1990, were dismissed.
(2.) THE plaintiff-respondent filed Civil Suit No. 345 of 29.8.1988 for specific performance of the agreement of sale of the land measuring 35 kanals 14 marlas. It was the case of the plaintiff that the defendant-petitioner has received Rs. 30,000/- as earnest money. On 9.8.1990, the parties entered into a settlement whereby the defendant agreed to pay a sum of Rs. 25,000/- to the plaintiff on or before 31.10.1990 and the remaining amount of Rs. 58,325/- on or before 31.10.1991, total Rs. 83,325/-. In terms of the decree, if the defendant fails to make the payment, the suit for specific performance of the agreement was to be granted. The relevant extract of the decree reads as under:- "This suit coming on this day for final disposal before me in the presence of Shri A.B. Bhandari, Advocate, counsel for the plaintiff and Shri J.S. Mouji, Advocate, counsel for the defendant, it is hereby ordered that the defendant has made the statement that he has no objection if the suit of the plaintiff for specific performance of the agreement is decreed subject to the condition that he will pay Rs. 25000/- to the plaintiff upto 31st October, 1990 and remaining amount of Rs. 58,325/- in two installments upto 31st October, 1991, total Rs. 83,325/- and in that case the plaintiff shall not be entitled to execute a decree against him and in case he fails to pay the aforesaid amount as per the agreement, within stipulated time, the plaintiff shall be entitled to get the decree executed against him. In view of the aforesaid statement of the defendant, the suit of the plaintiff is decreed accordingly. Parties have been left to bear their own costs."
(3.) THE petitioner paid a sum of Rs. 25,000/- before 31.10.1990, but the remaining amount was not accepted by the decree holder when offered. Thus, the petitioner filed the objection petition before the learned Execution Court to the effect that the decree cannot be executed and the same be dismissed.;