AZAD SINGH GULIA Vs. BHAI RAM

JUDGEMENT

(1.) The present petition filed under Article 227 of the Constitution of India lays challenge to orders dated 19.09.2013 and 29.09.2015 passed by the Civil Judge (Junior Division), Bahadurgarh whereby the application for condonation of delay in filing the suit and the civil suit for specific performance of agreement to sell filed by the petitioner have been dismissed.

(2.) In brief, the facts relevant for disposal of present petition are that the petitioner filed a suit for specific performance of an agreement to sell dated 19.11.2005 in regard to land measuring 3000 square yards for a sale consideration of Rs. 42,75,000/-. As per the agreement, the sale deed was to be executed by the defendants on or before 18.03.2006. As per plea of the plaintiff (petitioner herein), he had paid an amount of Rs. 39,25,000/- by 17.03.2006 towards sale consideration. The suit was filed on 17.04.2009 and an application for condoning delay in filing the suit under Section 5 of the Limitation Act, 1963 was preferred. The learned trial Court after notice to the respondents/defendants dismissed the application for condonation of delay vide impugned order dated 19.09.2013. Thereafter an application was filed by the petitioner for framing issue on the question of limitation and while disposing of the said application, the learned trial Court dismissed the suit vide order dated 29.09.2015 impugned in the petition.

(3.) Counsel for the petitioner would contend that as the respondents entered into an agreement to sell the suit land on the basis of an agreement to sell in their favour and thus did not have the ownership rights in the suit property and had received a substantial amount of Rs. 39,25,000/- out of sale consideration of Rs. 42,75,000/- by 17.03.2006, the learned trial Court should not have dismissed the suit without framing an issue on the question of limitation and permitting the petitioner to adduce evidence in that regard. It is further argued that the petitioner has suffered an irreparable loss for non-adjudication of his claim on merits.