LAWS(DLH)-2010-2-222

S K GUPTA Vs. S KULDIP SINGH

Decided On February 19, 2010
S. K. GUPTA Appellant
V/S
S. KULDIP SINGH Respondents

JUDGEMENT

(1.) This decision is in respect of an appeal filed by the legal representatives of Dhanpat Rai, Smt. Sushila Devi (the widow of Din Dayal) and Mohinder Kumar Gupta arising out of an order dated 23rd February, 2000 passed by a learned Single Judge in IA No.4274/1999 in CS (OS) No.280/1982. This decision is to be read in conjunction with the decision rendered by us today in FAO (OS) No.66/2002 and EFA (OS) No.4/2002. Therefore, the facts of the case are not repeated.

(2.) The present appeal arises out of the dismissal of an application under Section 28 of the Specific Relief Act, 1963 (for short the Act). The legal representatives of Dhanpat Rai, Smt. Sushila Devi and Mohinder Kumar Gupta sought rescission of the agreement to sell dated 29/30 July, 1980 and the decree dated 30th April, 1984 passed by the learned Single Judge in CS (OS) No.280/1982. This prayer was rejected by the impugned order.

(3.) For the sake of convenience, the relevant portion of Section 28 of the Act is reproduced below: