ANIL KUMAR Vs. MANINDERBIR SINGH

JUDGEMENT

(1.) Through the filing of the instant civil revision, the petitioners herein pray for the quashing/setting aside of the order dtd. 27/5/2016 (Annexure P-7), as passed by the learned Addl. Civil Judge (Sr. Division) Bilaspur, District Yamuna Nagar, wherebys, the petitioners have been directed to pay the ad-valorem court fees on the civil suit concerned, whereins, the plaintiff has claimed relief for cancellation of the contract/agreement to sell.

(2.) The petitioners/plaintiffs therein, had filed a suit under Sec. 27 of the Specific Relief Act, 1963, wherebys, they claimed the rendition of a decree for rescinding the contract/agreement to sell dtd. 7/5/2010, as became executed by them, in favour of the defendants. The said agreement to sell was drawn in respect of land measuring 10 kanals 1 marlas out of land measuring 10 kanals 9 marlas, comprised in Khewat No.1332 Kittas 3, as per mutation No. 4273, 4386, 4723, situated near Radha Swami Satsang Bhawan, Bilaspur, including shiv mandir constructed over an area of 200 Sq. Yards. The total sale consideration in respect of the supra suit lands became comprised in a sum of Rs.79, 40,000.00.

(3.) The further relief as claimed by the plaintiffs in the said civil suit was for forfeiture of the earnest money, as has been paid by the defendant to the plaintiffs, thus under the supra agreement to sell, with a consequential relief of permanent injunction, rather restraining the defendant from forcibly and illegally dispossessing the plaintiff from the above mentioned land.