SUDESH RANI Vs. SANDEEP BANSAL AND ANOTHER

JUDGEMENT

(1.) Cm No.21754-CII of 2016

(2.) The present petition lays challenge against order dated 23.09.2016 (Annexure P6) vide which application of the petitioner filed under Section 28 of the Specific Relief Act, 1963 for rescission of agreement to sell dated 07.07.2007 and decree dated 01.09.2010 has been dismissed.

(3.) Counsel for the petitioner has submitted that Sh. Babu Ram (Judgment-debtor) was owner of residential house in dispute and executed an agreement to sell on 07.07.2007 in favour of Sandeep Bansal (respondent No.1) for a sale consideration of Rs.5 lacs and alleged to have received a sum of Rs.1 lac as earnest money and the sale deed was to be executed on 07.01.2008. The time for execution of sale deed was extended up to 21.04.2008. Sandeep Bansal filed civil suit No.495 of 2008 on 15.11.2008 seeking specific performance of agreement to sell dated 07.07.2007. Babu Ram did not contest the proceedings that ultimately culminated in judgment and decree dated 01.09.2010. The respondent decree-holder did not make an attempt to get the sale deed executed and registered nor deposited the balance sale consideration of Rs.4 lacs within a period of 3 months in terms of the decree passed by the Court. The decree-holder filed the execution petition No.35/2011 on 15.03.2011. He did not deposit the balance sale consideration even by that time. A draft sale deed was filed in the Executing Court on 01.09.2012 and the decree-holder was directed to deposit balance sale consideration upto 06.10.2012. It is further argued that balance sale consideration was eventually deposited in the Court on 15.03.2013 and the sale deed was executed in favour of the decreeholder by a Local Commissioner (Isham Singh) Reader of the Court on 17.12.2013. The Court issued warrants of possession in favour of the decree-holder and the petitioner for the first time came to know about the ex parte decree dated 01.09.2010 when bailiff of the Court visited the disputed house to deliver possession to the decree-holder on 16.03.2015.