DHARAM PAL AND OTHERS Vs. BALDEV RAJ

JUDGEMENT

(1.) Petitioners have assailed order dated 28.09.2016 passed by Additional Civil Judge (Senior Division), Pehowa vide which application filed by the petitioners under Section 28 of the Specific Relief Act, 1963 for rescinding the agreement to sell dated 30.12.2004 was dismissed.

(2.) The suit of the plaintiff-decree holder for possession by way of specific performance of agreement to sell dated 30.12.2004 was partly decreed against the judgment debtors and their brother Sant Ram vide judgment and decree dated 28.10.2011. After the decree, Sant Ram had executed the sale deed of his share in favour of the decree holder. However, judgment debtors namely Dharam Pal and Joginder Singh preferred an appeal before the lower Appellate Court which was dismissed vide judgment and decree dated 30.01.2014.

(3.) Decree holder filed an execution on 28.10.2011. However, judgment debtors also preferred regular second appeal against the judgment and decree dated 30.01.2014 passed by the lower Appellate Court. Regular Second Appeal was dismissed by this Court on 13.05.2014. Even SLP filed against the judgment of this Court was also dismissed on 24.11.2014.