9911796707
TMI Blog2000 (4) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... al accepted. The first installment was to be deposited on or before 15.4.1981 and second on or before 15.5.1981. The judgment-debtors failed to abide by the terms of the said decree. The decree-holder was, therefore, entitled to get the decree executed in lieu of Rs. 25,000/- out of which he was stated to have already deposited a sum of Rs. 10,218/- as earnest money at the time of the agreement and had deposited the balance amount on 12.1.1982. The amount was deposited in favour of the mortgagee with the result that the land was redeemed. Thereafter the decree-holder filed execution applications on 17.12.1982, 12.6.1984 and 21.9.1992 which were dismissed. However, the decree-holder got the sale deed executed and registered in his favour thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the Article shows that the period of limitation prescribed by it starts to run from the date when the decree becomes enforceable provided the case does not fall within the scope of the latter part of the provision in the third column. Generally a decree or other becomes enforceable from its date, but in appropriate cases the court passing the decree may prescribe time wherefrom the decree becomes enforceable on a future date. It must, however, be remembered that the purposes of execution proceeding is to enable the decree-holder to obtain the fruits of his decree. In case where he language of the decree is capable of two interpretations, one of which assist he decree-holder to obtain the fruits of the decree and the other preventing h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defendant will get only Rs. 14,782/- before the Sub Registrar at the time of registration. He had received Rs. 10,218/-. The plaintiff will pay the expenses on recount of stamp and registration of the sale deed in question and plaintiff is also entitled to possession of this land as. soon as the sale deed is executed and registered. The defendant is now directed that he should execute and get registered the sale deed by 22.3,73 on the above terms failing which the plaintiff can get the sale deed executed through court. Suit of the plaintiff is accordingly decreed with costs. 8. As noted earlier, the appellants-judgment debtors are found to have committed defaults in the payment of the installments as agreed upon. The decree-holder was, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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