RAJPAL AND ORS. Vs. JAIPAL AND ORS.

JUDGEMENT

(1.) THE plaintiffs have filed the suit for specific performance of agreement and permanent injunction under Sections 10 and 12 of the Specific Relief Act against the defendants who are the legal heirs of late Sh. Shiv Charan, son of Sh. Umrao Singh, resident of Village Darya Pur Khurd, Delhi.

(2.) THE defendants No. 1 and 2 are the sons and defendants No. 3 to 5 are the daughters of late Sh. Shiv Charan. Defendant No. 6 is the widow of late Sh. Shiv Charan.

(3.) IT is averred in the plaint that late Shiv Charan became dishonest due to increase of market price of the said land and he started avoiding the execution and registration of the sale deed in favour of the plaintiffs and their nominee on one pretext or the other. In the month of June, 2007, the plaintiffs again asked late Shiv Charan but he prolonged the matter. The plaintiff No. 1 was left with no option but to file an application for stay before the SDM/RA, Najafgarh, Delhi. By order dated 7th July, 2007 in Case No. 241/2007, the SDM/RA granted the status -quo order in respect of the said land. The case of the plaintiffs was dismissed by the SDM/RA vide order dated 28th April, 2010 on the ground that the Revenue Court has no jurisdiction in respect of the said agreement to sell. It was ordered that it is the jurisdiction of the Civil Court to grant the prayer under the Specific Relief Act.