MAALTI MULASI Vs. RAM DAYAL JOSHI

JUDGEMENT

(1.) By means of this petition under Article?227?of the Constitution of India, following relief has been sought:

(2.) The short question, which falls for consideration in this petition, is whether a decree for specific performance can be rescinded after deposit of sale consideration by the Decree Holder, in the Executing Court.

(3.) A suit for specific performance was filed by Late Shri Mohan Chandra Mulasi against Shri Ram Dayal in the Court of Civil Judge, Dehradun, which was registered as Original Suit No. 409 of 1988. In the said suit, it was contended that Ram Dayal had executed a registered agreement to sell on 24.06.1985, in favour of the plaintiff in respect of his land situate in Village Adhoiwala, Pargana-Parwa Doon, District Dehradun.