SHAM KAUR Vs. MALAGAR SINGH

JUDGEMENT

(1.) MALAGAR Singh filed a suit for specific performance of the agreement dated 23rd December, 1975 for the sale of the land measuring 27 kanala 18 marlas against Sham Kaur and Narain Kaur. This suit was decreed by the learned Sub Judge Ist Class, Moga, vide judgment and decree dated 23rd October, 1979. The defendants in the suit preferred an appeal before this Court being Regular First Appeal No. 2262 of 1979, which was dismissed by this Court with costs. While affirming the judgment and decree of the learned trial Court, the time for depositing the balance sale consideration was granted by this Court for a period of two months.

(2.) KEEPING in view the controversies arising in the present cases, it would be necessary to refer to the operative part of the judgment and decree passed by this Court dated 6th February, 1991, which reads as under:-

(3.) CIVIL Revision No. 2468 of 1996 was preferred by Sham Kaur, whereas Civil Revisions No. 3291 of 1996 was preferred by Narain Kaur. During the pendency of these proceedings, the judgment-debtor also filed an application being Civil Misc. No. 2247-CI of 1996 in Regular First Appeal No 2262 of 1979 praying that the plaintiff has failed to deposit the balance sale consideration within the stipulated period. Therefore, contract should be rescinded within the purview and scope of section 28 or the Specific Relief Act, 1965 (hereinafter referred to as the 1963 Act).