RAJ RANI Vs. ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 15.5.1998, passed by the Additional Civil Judge (Sr. Division), Narnaul, who dismissed the application of the petitioners under Section 31 of the Punjab Relief of indebtedness Act, 1934, for the reasons given in paras No. 5 and 6 of the impugned order which are reproduced as under :-

(2.) ON the contrary, learned counsel for the respondents submitted that a sum of Rs. 62,000/- was advanced to Shri Vinod Kumar, father of the present petitioners, by way of an earnest money on the basis of a written agreement dated 9.8.1995 vide which Shri Vinod Kumar agreed to sell the immovable property for a consideration of Rs. 1,50,000/- and he received a sum of Rs. 62,000/- by way of earnest money with a stipulation that the sale deed would be executed on or before 9.8.1996 and the agreement further contemplated that if the vendor wanted to rescind the contract he could pay the amount of Rs. 62,000/- on or before 9.8.1996. Since the amount has not been paid, therefore, this agreement has become enforceable and in these circumstances the application under Section 31 of the Punjab Relief of Indebtedness Act, 1934, is not legally maintainable.