PRAMOD SINGH Vs. PRAVEEN

JUDGEMENT

(1.) A complaint was filed by the petitioner alleging commission of various offences under sections 420, 406, 463 and 120B of IPC against the respondents on the allegations that respondents took certain money from the petitioner but with no intention to comply with the obligation which they had undertaken to perform. The petitioner is the tenant of the respondents. According to her, the payments were made for the purpose of purchasing the tenanted property.

(2.) However, according to the respondents the payment for the balance consideration was not made by the petitioner within time i.e. why the agreement was frustrated. Both sides. filed proceedings against each other. The petitioner filed a suit for specific performance on the- basis of the alleged payment which were made. Respondents filed suit for eviction. Both the suits were decided in favour of the respondent i.e. to say the suit for specific performance has been dismissed as filed by the petitioner, but the suit for eviction has been decreed in favour of the respondents with a direction to the respondents to pay the money passed over to them as pleaded by the petitioner in her complaint within a specific time. Both the decrees are subject matter of this petition.

(3.) A revision was filed by the petitioner against the aforesaid order. The revisional Court has also dismissed the revision by making following observations:-