S KULDEEP SINGH Vs. BANARSI DASS

JUDGEMENT

(1.) This is an application under Section 28 of the Specific Relief Act, 1963 (hereinafter called the Act) filed by the legal representatives of deceased Defendant No. 2 and Defendant No. 5 seeking rescission of the agreement for sale dated 29/30.7.1980 and the decree dated 30.4.1984 passed thereon.

(2.) Nand Lal was the owner of property No.9, Sunder Nagar, New Delhi with leasehold rights in the land. After his death, the property devolved on his two sons, widow of a predeceased son Paras Ram and widow, three sons and a daughter of another predeceased son Din Dayal who were impleaded as Defendants No.1 to 9 in the suit. These Defendants had entered into an agreement for sale dated 20/30.7.1980 for the sale of the aforesaid property to the Plaintiff for a consideration of Rs. 14.00 lakhs out of which Rs. 1.40 lakhs was paid as advance at the lime of agreement and balance amount of Rs. 12.60 lakhs was payable at the lime of exeeution and registration of the- sale deed. Sale was to be completed after obtaining permissions from various authorities when possession was also to be given exeept that possession of one garage was given at the time of agreement. Sale having not been completed, Plaintiff filed the suit for specific performance on 11.2.1982. Defendants did not file their written statement and were proceeded under Order 8 Rule 10 Civil Procedure Code and the suit was decreed on April 30, 1984 against Defendants No. 1 to 8 only. An appeal filed was dismissed as time barred on 22.3.1985. An application under Order 9 Rule 13 Civil Procedure Code was also dismissed in default.

(3.) The Plaintiff laid execution on 7.11.1990 for completing sale. Objections against the execution have been filed only by Defendants No. 5 and 9. Defendant No. 2 died during these proceedings and his legal representatives have been substituted. This application under Section 28 of the Act has been filed on 24.4.1999. The rescission is sought on the following grounds :-