SUSHIL KUMAR Vs. RAMESH CHAND

JUDGEMENT

(1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.

(2.) Some facts can be noticed in the following manner. Sushil Kumar and Bharat Shushan earlier filed a suit for possession by way of specific performance of the contract of sale dated 23.10.1998 against Ramesh Chand and Ishwar Chand regarding the land measuring 5 Bighas 17 Biswas comprised in various Khasra Numbers situated in the revenue estate of village Banwari, Tehsil Rajpura. District Patiala and in the alternative the plaintiffs prayed for the return of the amount of Rs. 26,20,000/-.

(3.) Notice of the suit was given to the defendants-respondents. The defendants appeared through their counsel Shri K.B. Aggarwal,but did not file the written statement. Rather they filed an application before the trial Court seeking direction for the plaintiffs to get the sale deed executed on payment of the balance sale consideration to the defendants within fifteen days. The plaintiffs filed a reply to the said application of the defendants. The learned trial Court was of the view that since the defendants themselves had moved an application for calling upon the plaintiffs to fix the date for execution and registration of the sale deed on receipt of the remaining sale consideration, the suit of the plaintiffs had become infructuous.