BIRINDER KUMAR Vs. SUKHDEV BHATWA

JUDGEMENT

(1.) THE petitioner has challenged order dated 17.02.2014, dismissing his application, filed under Section 28 of the Specific Relief Act, 1963 (here -in -after referred to as the "Act").

(2.) IN brief, the plaintiff -respondent filed a suit for specific performance of the agreement to sell dated 05.06.1982 against the defendant -petitioner in respect of booth no. 3, Sector 35 -C, Chandigarh. The suit was decreed on 31.05.1985 and it was ordered that "the suit of the plaintiff for specific performance of the agreement to sell in respect of Booth No. 3, Sector 35 -C, Chandigarh after making the requisite balance amount of Rs. 15,764.45/ - is decreed with costs against the defendant".

(3.) THE defendant -petitioner filed the objection under Section 47 of the CPC on 11.04.1988 alleging that the payment of the balance amount of sale consideration was not made to him before registration of the sale deed. The plaintiff -respondent filed reply to the objection on 07.05.1988 denying his obligation to pay the amount on the ground that nothing remains to be done in this regard after the execution of the sale deed and on 21.05.1988, the advocate appearing on behalf of the plaintiff -respondent made a statement that since the sale deed has been executed on 05.04.1988 in favour of the decree holder, therefore, he does not want to press the execution application and the same was withdrawn. Accordingly, the execution was consigned to record and the objection, alleged to have been raised by the petitioner, was not decided. Thereafter, the petitioner filed an application under Section 28 of the Act for rescinding the contract on the ground that the plaintiff has not paid Rs. 15,764.45/ - in terms of the decree but the said application has been dismissed by the trial Court and hence, the present revision petition.