Gurdarshan Singh vs Jaswant Singh on 13 November, 2018
12. As regards the judgment in Amarjit Kaurs' case (supra), cited
by Mr. Gurcharan Dass (learned counsel for the petitioner), it is seen that in
that case, though it was a case of a suit seeking specific performance of an
agreement of sale, in which execution proceedings were initiated by the
decree-holder, however, the decree in that case was not one directing
execution of a sale deed of the suit property, but was one by which the
alternative relief of recovery of the money paid by the plaintiff to the
defendant, was issued. Hence, it eventually being a decree for recovery of
money, even though in a suit seeking specific performance of a contract (with
that prayer in fact disallowed/dismissed), attachment of the sole residential
house of the judgment-debtor for recovery of the money, was disallowed by
this Court.