HARJINDER SINGH Vs. JOGINDER SINGH AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against order dated 18.07.2014 (Annexure -P4) vide which application dated 14.08.2010 (Annexure -P2) of the JD in the Court below (petitioner herein) for rescission of the contract was dismissed and the JD was called upon to execute the sale deed after deposit of the balance sale consideration.

(2.) VIDE decree dated 09.11.2006 of the Civil Court, suit for specific performance of the respondent -decree holders was partly decreed. Appeal against the said decree was dismissed by the First Appellate Court. Total sale consideration was Rs. 1,95,000/ -, out of which Rs. 50,000/ - had already been paid whereas balance sale consideration was to be paid. Possession of 12 bighas 10 biswas of land in litigation was to be delivered to the decree holders.

(3.) IT is important to notice that JD No. 1 in the meanwhile had sold the land measuring 18 bighas 15 biswas out of the total land to one Surjit s/o Kartar Singh vide sale deed dated 16.04.1998. Both of them, thus were made the defendants. On conclusion of the proceedings, both the defendants were directed to execute the sale deed in favour of the plaintiffs -decree holders regarding the land measuring 12 bighas 10 biswas out of the total land measuring 31 bighas 7 biswas.