JOGINDER SINGH AND OTHERS Vs. BACHAN KAUR

JUDGEMENT

(1.) THE petitioners have sought to set aside the orders dated 28.10.2010 and 23.7.2012 passed by the courts below. Vide agreement dated 24.9.1999, the petitioners allegedly had paid a sum of Rs. 20 lacs against the sale consideration of Rs. 95 lacs and the sale deed was to be executed on receipt of the remaining sale consideration on 31.1.2001, but the sale deed was not executed within time, ultimately the suit was filed on 16.4.2010. The plea raised by the learned counsel for the petitioners is that since there was litigation between the respondent and the other party, therefore, the sale deed could not be executed. As such, after limitation has been over, he filed the present suit in the year 2009. It may further be observed that the agreement does not speak about any litigation, therefore, it would be presumed that the petitioners were to bear the risk and they were aware of everything and they should have either got the sale deed registered in time or would have asked the respondent to get the time for execution of the sale deed extended. As such, the petitioners having filed the suit after 10 years, cannot be said to be having prima facie case in their favour restraining the respondent from alienating the suit property, therefore, no such injunction could be granted in their favour.

(2.) NO grounds to interfere. Dismissed.