ASHOK KAPOOR Vs. SANTOSH RANI

JUDGEMENT

(1.) Present revision petition has been filed by the Judgment Debtors (JDs/petitioners herein), impugning the order dtd. 25/4/2023 (Annexure P-5), vide which, application dtd. 11/11/2021, filed by respondent No.1 [Decree Holder (DH)], for extending the time for deposit of the balance sale consideration within 10 working days, has been allowed. Another order under challenge is dtd. 14/7/2023 (Annexure P-6), vide which, Executing Court dismissed the application dtd. 8/9/2021, filed by the petitioners (JDs) for declaring the agreement to sell rescinded under Sec. 28(1) of the Specific Relief Act, 1963 (in short, 'Act of 1963').

(2.) Facts of the case are that DH - Santosh Rani filed a suit for possession by way of specific performance of agreement dtd. 4/9/2012, with a direction to the defendants to execute, and to register the sale-deed of the house/property measuring 375 sq. yards bearing M.C.J. No.4520, situated in the area of Mohalla Sainchran Jagraon, Tehsil Jagraon, District Ludhiana. Said suit was instituted on 26/9/2014, against (1) Sudha Kapoor, (2) Ashok Kapoor, (3) Jaisika, (4) Ruchi; and (5) Nandan Kapoor (now JDs). Learned trial Court vide judgment & decree dtd. 4/2/2019, decreed the suit by directing the defendants to execute and register the sale-deed in favour of the plaintiff within a period of two months from the date of order, on payment of balance sale consideration. Plaintiff (DH) was also directed to pay interest @ 12% per annum, to defendant No.1 (JD) (as per her share in the remaining sale consideration), along with balance sale consideration from 1/12/2016, till payment. Relief ordered by the learned trial Court is reproduced here-below:-

(3.) Operative part of the decree-sheet dtd. 4/2/2019, is also reproduced here-under:-