KHUSHBOO ARORA Vs. GURSAHIB SINGH

JUDGEMENT

(1.) The present revision petition has been instituted by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, assailing the order dtd. 4/11/2025 (Annexure P-4) passed by the learned Civil Judge (Junior Division), Amritsar, whereby the application preferred by the respondent under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, "CPC") has been allowed, allegedly without due consideration of the material facts and circumstances of the case.

(2.) The essential factual matrix, as borne out from the record, is that the petitioner, claiming to be the owner of the property in question, entered into an agreement to sell dtd. 15/4/2024 with the respondent for the alienation of the suit property. It is the case of the petitioner that the respondent failed to perform his contractual obligations, having stopped payment of three cheques issued towards earnest money amounting to Rs.1,05,00,000.00 (Rupees One Crore and Five Lac only), thereby committing a breach of the terms of the agreement. Consequently, the petitioner issued legal notices to the respondent, Gursahib Singh, intimating termination of the agreement and forfeiture of the earnest money.

(3.) Having accorded extensive audience to the learned counsel representing the respective parties, and upon a meticulous and judicious perusal of the entire paper-book with the benefit of their erudite assistance, this Court proceeds to record its considered observations.