KAMAL SINGH Vs. BHAV SINGH RAJPOOT

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been preferred by the petitioners/defendants against the order dated 19/1/2012 passed by trial Court; whereby, the application preferred by the petitioners as defendants under Section 151 CPC (Annexure P/7) has been rejected.

(2.) Precisely stated facts of the case are that respondents No. 1 and 2/plaintiffs instituted a suit for specific performance of an agreement to sale dated 13/3/2009 against the petitioners / defendants No. 1 to 4 on the allegations that petitioners have executed an agreement to sale in favour of plaintiffs with respect to agricultural land owned by defendants for a consideration of Rs. 1,62,00,000/- and plaintiffs have made payment of advance amount of Rs. 24 lacs in cash and through cheques. The plaintiffs extended their readiness and willingness to get the sale deed executed after performing their part of contract but defendants are not performing their part of contract and have entered into fresh contract with other persons.

(3.) The present petitioners appeared in the suit as defendants and filed written statement and rebutted the claims made by the plaintiffs.