RAJINDER AND ORS. Vs. HARSH VOHRA AND ORS.

JUDGEMENT

(1.) CM No. 3288/2011 (Exemption) Exemption allowed subject to just exceptions.

(2.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 20.11.2010 whereby the suit of the Appellants/plaintiffs was dismissed on the ground that the right of a seller of immovable property, in case the complete price is not received, is to seek payment of the balance price in terms of Section 55(4) of the Transfer of Property Act, 1882 and no relief can be claimed for cancellation of the sale deed.

(3.) THE above preliminary issue was framed as per directions of a learned Single Judge of this Court in an earlier litigation between the parties being CRP No. 183/2007 and FAO(OS) No. 25/2009, in which, this Court vide its order dated 1.12.2009 observed as under: