MAMO DEVI Vs. AJMER SINGH

JUDGEMENT

(1.) The present revision petition assails the order dtd. 13/10/2017 (Annexure P-5) passed by the Additional Civil Judge (Senior Division), Kaithal, vide which defence of the petitioners was struck off and the order dtd. 11/1/2023 (Annexure P-9), vide which the application seeking recall/review of the said order was dismissed.

(2.) A suit for possession was filed by the respondent/plaintiff-Ajmer Singh by way of specific performance of agreement to sell dtd. 7/8/2012. It was the case of the respondent-plaintiff that the petitioners-defendants had agreed to sell 4 Kanals 11 Marlas of land situated in Village Kheri Matarwa (fully described in the plaint), by way of a registered agreement to sell dtd. 7/8/2012. The total sale consideration was Rs.8,00,000.00 out of which Rs.4,75,000.00 was paid as earnest money. The date of execution of the sale deed was fixed as 7/5/2013. Since the sale deed was not executed, the suit was filed by the respondent-plaintiff.

(3.) The petitioners-defendants duly appeared before the trial Court and filed their written statement (Annexure P-2).