By consent of the parties and their counsel it is ordered that the order dated 28-4-1988 is recalled and in its place the following order is passed:-
1. That the defendants shall allow the plaintiff to enter upon the plots and construct the site office and advertise the sale of the plots and shall deliver to the plaintiff possession of the plots of the value of Rs,30 lacs forthwith. In case the defendants do not allow the plaintiff to enter upon the plots in accordance with this clause the plaintiff will have a right to enter upon the plots through the aid of this Court.
2. The plaintiff shall deposit the balance amount of Rs, 86,00,000 in this Court on or before 3-11-1988.
3. That on plaintiff's depositing the above amount the defendant shall hand over the possession of the remaining plots and create effective title in favour of the plaintiff by mutation in the Revenue Record for which the plaintiff shall cooperate by appearing before Mukhtiarkar concerned. The parties shall inform the Court about the mutation of record as soon as it takes place. If no such mutation is effected or no such possession is delivered then the plaintiff shall be entitled to get the conveyance deed executed by the Nazir of this Court (The plaintiff shall pay stamp duty and bear other expenses) and also shall be entitled to get possession through the aid of this Court.
4. That in case the mutation is not effected and it is found that the defendant has no title to the property then the plaintiff shall be entitled to get back the amount from the Court and shall also be entitled to return of Rs,30,00,000 already paid by him to defendant.
5. After creating effective title in favour of the plaintiff by mutation of Revenue Record, the defendant shall be entitled to get the said amount withdrawn from this Court. He shall also be entitled to get the said amount withdrawn if the Nazir executes the sale deed in favour of the plaintiff and no defect is found in the title of the plaintiff.