AMAR SINGH Vs. CHAJJU RAM

JUDGEMENT

(1.) THIS petition is against the order dated 20.4.2001 passed by the Civil Judge (Jr. Division), Samrala by which an application filed by the judgment -debtor under Section 28 of the Specific Relief Act, 1963 (for short 'the Act') for rescission of the contract has been dismissed. In brief, the plaintiff -decree holder filed a suit for specific performance of an agreement to sell dated 28.11.1996 in respect of 8 Kanals of land. Out of the total sale consideration of Rs. 1,10,000/ -, the plaintiff paid Rs. 80,000/ - as earnest money and the remaining sale consideration was to be paid at the time of execution and registration of the sale deed on 30.6.1997. The suit was decreed on 30.7.1999. The decree in the suit reads as under: - -

(2.) INDUBITABLY , the decree dated 30.7.1999 became final as no appeal was filed against it. According to the counsel for the petitioner, the certified copy of the judgment and decree was applied by the decree -holder on 7.8.1999. It was prepared on 30.8.1999 and delivered on 2.11.1999. The decree -holder deposited the balance sale consideration on 27.12.1999.

(3.) LEARNED counsel for the petitioner has vehemently argued that the period of two months has to be counted from the date of preparation of the copy of the judgment and decree i.e. 30.8.1999 and since the balance sale consideration was deposited by the decree -holder on 27.12.1999, it was clearly beyond the period of two months and therefore, the contract between the parties stood rescinded in terms of Section 28 of the Act. Learned counsel for the petitioner has also referred to a decision of the Supreme Court in the case of Chanda (Dead) through LRs v. Rattrti and another, : 2007 (2) R.C.R. (Civil) 534, a Division Bench judgment of this Court in the case of Resham Singh and others v. Manmohan Singh Kent and others, : (1985) 87 P.L.R. 278 and the judgment of the Supreme Court in the case of Bhupinder Kumar v. Angrej Singh, : 2009 (4) R.C.R. (Civil) 248.