Law: Specific Relief Act (I of 1877)

Section: 12

Law: Limitation Act (IX of 1908)

Section: 181

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)\ S.12 --- Limitation Act (IX of 1908), First Sched., Art.181---Civil Procedure Code (V of 1908), S.115---Suit for specific performance of agreement to sell---Execution of decree---Limitation---Execution proceedings---Commencement and computation of limitation period---Determination---Pendency of appeal---Effect upon execution of decree---Executing court bound to execute a decree as it stands---Principle---Briefly, a suit for specific performance of an agreement to sell was instituted by the respondent/plaintiff against the vendor (mother of the petitioners), which was decreed, subject to payment of the remaining sale consideration---The appeal against the decree was dismissed for non-prosecution, and the restoration application was also dismissed---Thereafter, the decree-holder filed an execution petition---Objections to execution were filed by the judgment-debtors which were dismissed, and the appeal against that order was also dismissed---The matter before the High Court in present civil revision petition concerned "whether the execution petition was barred by limitation and whether the objections to execution had been rightly dismissed by the courts below?"---Held: There was no specific Article of Limitation Act, 1908 which regulated the filing of execution petition in the matter of decree for specific performance or a preemption matter and the residuary Art.181 of the said Act applied which provided a period of three years from the date when the right to apply accrued and if decree holder was in possession of property having paid or deposited the sale price he would not have been required to file execution petition and right to apply in the matter would have arisen had the judgment debtor refused to perform his part-- In the present case the findings of the Trial Court were to the effect that the decree-holder was in possession of the property and had paid the earnest money while the balance sale price was deposited in terms of the decree of the court, as such, respondent No.1 could legally proceed with the execution of decree---As to the objection viz. balance sale consideration not being deposited in court within…