NISPAL KAUR Vs. KULWANT SINGH

JUDGEMENT

(1.) BY way of present revision petition the petitioners have challenged the order dated 3.9.2004 passed by the learned Additional Civil Judge (Senior Division), Kharar vide which the application moved under Section 28 of the Specific Relief Act (for short the Act) and objections against warrant of possession have been dismissed.

(2.) THE plaintiff-respondent had filed a suit for possession by way of specific performance of contract dated 25.10.1988 in respect of Plot No. 649 Phase VI SAS Nagar, Mohali after receiving the balance amount of Rs. 2,18,000/-. The parties had entered into an agreement for sale of plot for a total sale consideration of Rs. 23,000/- out of which Rs. 5,000/- were paid as earnest money on 25.10.1988 and the balance sale consideration was to be paid on execution of the sale deed which was to be done on 30.11.1988. As the petitioners herein had failed to execute the sale deed, a suit for specific performance was filed which was contested by the petitioners. However, by way of judgment and decree dated 7.9.1991 the suit filed by the plaintiff- respondent for possession as owner through specific performance of agreement dated 25.10.1988 for selling the Plot No. 649 Phase-VI SAS Nagar, Mohali after paying the balance consideration of Rs. 2,18,000/ (Rupees two lacs and eighteen thousand only) was decreed with costs. The defendant-petitioners were directed to execute the sale deed in favour of the plaintiff after receiving the balance sale consideration of Rs. 2,18,000/- (Rupees two lacs and eighteen thousand only) within a period of three months. The suit was, accordingly, decreed with costs.

(3.) IN spite of the decree having been passed it seems that the petitioners were raising construction over the plot and accordingly the respondent- plaintiff filed a suit for permanent injunction restraining the petitioners herein from raising any type of construction/structure over Plot No. 649 Phase-VI SAS Nagar, Mohali and for mandatory injunction directing the petitioners to remove construction/structure, if any, raised on Plot No. 649 Phase-VI SAS Nagar, Mohali.