PARVESH KUMAR GULATI Vs. DARSHAN SINGH GULATI

JUDGEMENT

(1.) This is defendant application under Section 28 of the Specific Relief Act, 1963 (hereinafter referred to as the Act) for rescinding the contract dated 16 May 1984.

(2.) On the basis of an agreement to sell dated 16 May 1984, (Ex. P-3), purportedly acknowledged by the defendant vide his various letters, on 10 May 1989, the plaintiff filed a Suit (No. 1412/89) for specific performance of the said agreement to sell, against the defendant - his real elder brother in respect of undivided half share of the house property bearing No. E-3, Jangpura Extension, New Delhi.

(3.) The suit was compromised and a consent decree for specific performance of agreement to sell was passed on 9 November 1990, in favour of the plaintiff and against the defendant, directing the defendant to execute the sale deed in respect of undivided half share of the aforenoted property and get it registered in favour of the plaintiff. In terms of the said compromise, the plaintiff was required to pay to the defendant a sum of Rs. 1,35.600.00 instead of Rs. 1,15,850.00 , intially agreed to be paid to the defendant.