MOHAN SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner/JD for setting aside the order dtd. 31/1/2020 (Annexure P-3) passed by the Court of Civil Judge (Junior Division), Ludhiana vide which the application filed by the petitioner under Sec. 28 of Specific Relief Act 1963 (in short 'the Act') to rescind the agreement to sell (contract) dtd. 17/1/2008, was dismissed.

(2.) The brief facts of the case are that respondent Surjit Singh filed suit for specific performance of agreement to sell dtd. 17/1/2008, which was executed by the petitioner in favour of the respondent Surjit Singh with regard to suit property for valuable consideration and at the time of execution of the said agreement to sell the petitioner received sum of Rs.50,000.00 as advance money from the respondent and it was agreed between the parties that the sale deed would be executed by 18/12/2008 on payment of balance sale consideration by the respondent to the petitioner. In the plaint it was also pleaded that the respondent always remained ready and willing to perform his part of the contract and even on the date fixed i.e. 18/12/2008, he appeared before Sub-Registrar Ludhiana for execution and registration of the sale deed but the petitioner did not turn up to perform his part of the contract. Consequently suit for specific performance was filed. The petitioner failed to appear in the trial Court despite his due service and consequently he was proceeded against ex-parte and finally the suit was decreed in favour of the respondent and ex-parte decree dtd. 12/3/2011 was passed in favour of the respondent regarding specific performance of agreement to sell and against the petitioner. The respondent was directed to deposit the remaining balance amount in the Court within 3 months of the passing of the ex-parte decree. The balance sale consideration was deposited by the respondent on 8/8/2011 after seeking necessary permission from the Court concerned. Thereafter the petitioner filed an application on 17/5/2013 under Sec. 28 of the Act seeking cancellation of the agreement to sell on the ground that the respondent failed to deposit the balance sale consideration within stipulated period of 3 months as provided in ex-parte decree dtd. 12/3/2011.

(3.) The said application was contested by the respondent/decree holder and finally the same was dismissed by the Court concerned vide impugned order dtd. 31/1/2020.