SAT PARKASH Vs. ASHISH KUMAR

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner under Article 227 of the Constitution of India for issuance of appropriate directions to the Court of learned Civil Judge (Senior Division), Yamuna Nagar at Jagadhri to decide the Civil Suit No.1836 of 2017 titled as 'Ashish Kumar Vs. Sat Parkash' expeditiously in view of the amendment in Specific Relief (Amendment) Act, 2018 (for short the '2018 Act').

(2.) The brief facts leading to the filing of the present petition as has been narrated in the petition are that the petitioner/defendant being owner in possession entered into an agreement to sell dtd. 6/4/2017 in respect of land measuring 9 Kanal 0 Marla comprising in Khewat No.106//101, Khatauni No.371, Khasra No.31//23/2, 24/2/2 (8- 18), 30//24/1/2 (0-3), situated within the Mauja Bhogpur, Tehsil Jagadhri, District Yamuna Nagar for a total sale consideration of Rs.60,85,000.00 with the respondent/plaintiff. Out of total sale consideration, Rs.6,00,000.00 were paid as an earnest money and the date for registration was fixed as 31/8/2017. Since the plaintiff/respondent has failed to pay the balance sale consideration by the fixed date, therefore, as per terms of the agreement to sell his earnest money was forfeited by the petitioner/defendant and he was duly informed through legal notice dtd. 1/9/2017. On which the respondent/plaintiff has filed a suit bearing No.1836 of 2017 for declaration to the effect that notice dtd. 1/9/2017 is null and void and is not binding upon the right of the respondent/plaintiff as there exists a valid agreement dtd. 6/4/2017 between the parties and defendant has no right to terminate the said agreement and to forfeit the amount of earnest money received in the part performance of agreement to sell dtd. 6/4/2017 and for possession by way of specific performance of agreement to sell dtd. 6/4/2017 and for permanent injunction for restraining the petitioner/defendant for further alienation and for permanent injunction restraining the petitioner/defendant for further alienating the land by way of lease, mortgage, creating third party interest either himself or through agent, servant and representative and changing the existing nature of the land.

(3.) Learned counsel for the petitioner/defendant has made reference to the provisions of Sec. 20C of the 2018 Act which read as under :-