HARBHAJAN KAUR Vs. RATTAN CHAND SHARMA

JUDGEMENT

(1.) This is an appeal from the order of the learned Single ludge dated September 25, 1995, in I.A. No. 4414/95 in Suit No. 15/84. The facts relevant for disposal of this appeal are as under:

(2.) The appellants-plaintiffs filed a suit for specific performance of the contract dated December 30,1978, against the respondent-defendant in respect of property No.J-96, Kirti Nagar, New Delhi. On April 5, 1991, a learned Single Judge of this Court granted a decree for specific performance in favour of the appellants on the condition of their depositing the outstanding purchaac price/sale consideration amounting to Rs. 1,68,000.00 within six weeks. The appellants failed to deposit the said sum of money within the time prescribed by the Court. Since the appellants failed to fulfil their obligation under the decree inasmuch as the amount was not deposited within the time allowed by the Court, they filed an application for extension of time and for condonation of delay in depositing the amount. This Court, however, by its order dated July 22, 1993, rejected the request of the appellants. The appellants thereafter filed an application for review of the order dated July 22, 1993. The review application was also dismissed. Dissatisfied the appellants filed appeals before the Division Bench but the same also did not bear any favourable result as the same were dismissed The appellants thereafter preferred a Special Leave Petition before the Supreme Court which was also rejected. Thus, the order dated July 22, 1993, acquired finality.

(3.) Thereupon the respondent moved an application under Section 28(2)(a) of the Specific Relief Act, 1963, for rescission of the contract and restoration of possession of the instant property. The learned Single Judge on November 22,1994, allowed the application of the respondent and directed the appellants to deliver possession to the respondent and for this purpose time was allowed till June 30, 1995. The learned Single Judge also granted liberty to the appellants to move an application under Section 30 of the Specific Relief Act as the appellants urged that the respondent was liable to pay compensation to the former. On May 19,1995, the appellants filed an application under Section 30 of the Specific Relief Act, being I.A No. 4414/95. In this application it was avi rred that at the time of execution of the agreement to sell dated December 30, 197;, a sum of Rs. 32,000.00 was paid by Shri G.S. Bhinder, the predecessor-in-interest o the appellants, as advance. This amour along with interest and other amounts . ie claimed to be recoverable from th respondent. Following are the details of the amounts which are being claimed by he appellants:- <FRM>JUDGEMENT_293_DLT61_1996Html1.htm</FRM>