(1.) This petition has been filed by the petitioners aggrieved by the order dtd. 21/7/2017 (Annexure P-21) as the application filed under Sec. 28 of the Specific Relief Act seeking rescission of the contract was dismissed. The petitioners are also aggrieved of the order dtd. 21/7/2017 (Annexure P-22) vide which their objections to the execution petition had been dismissed.
(2.) The background facts in a nutshell are as follows:-
(3.) The defendants who are the legal heirs of Lakhmi Chand took the plea that the suit was not maintainable and it was a case of suppression of material facts. The suit was not maintainable as the plaintiff was a limited company and there was no resolution in favour of the Director through whom the suit had been filed. It was pleaded that Lakhmi Chand had suffered a decree in their favour and he was not the owner of the property and the agreement was fabricated. It was pleaded that they were reserving their right to initiate criminal complaint against Manik Ram who was alleged to be a witness to the agreement and the agreement had been entered into after hatching a conspiracy and fraud.