BALJEET SINGH Vs. ELITE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) Through this revision petition, the defendants assail the correctness of the orders passed on 17/5/2016 and 28/3/2017. During the course of arguments, the learned counsel representing the petitioner, upon realizing the law laid down in Gurdial Singh v. Raj Kumar Aneja (2002) 2 SCC 445 has given up challenge to the order dtd. 17/5/2016. However, he still wishes to press the revision petition while challenging the order dtd. 28/3/2017.

(2.) In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The undisputed facts are that late Sh.Baljeet Singh along with his mother, brother and sister had executed an agreement to sell in favour of the respondent (plaintiff)-M/s Elite Realtech Private Limited on 13/4/2010 with respect to the land measuring 4 kanals on receipt of earnest money of Rs.10,50,000.00 out of the total sale consideration of Rs.85,00,000.00. In the year 2011, the plaintiff (respondent herein) filed a suit for the grant of decree of permanent injunction restraining the defendant from alienating the property in any manner and for the grant of mandatory injunction directing the defendants to get the land in dispute partitioned amongst its co-sharers and thereafter, get a mutation of the partition recorded in the revenue record.

(3.) The defendants, while filing the written statement, admitted the execution of the agreement to sell but asserted that the plaintiff is not ready and willing to perform its part of the contract. It was also asserted that the sale deed was to be registered after making the balance payment to the petitioners within a period of six months from the date of the agreement to sell, but the plaintiff has not been taking the necessary steps to execute the sale deed. It was also pleaded that the defendants are ready and willing to execute the sale deed in favour of the plaintiff and they have sent a notice to the plaintiff on 24/12/2000 for performing their part of contract and the prices of the suit land have increased manifold, hence, the defendants are not bound to execute the sale deed.