KULDIP SINGH AND ANOTHER Vs. GURJIT SINGH

JUDGEMENT

(1.) Impugned in the present revision petition under Article 227 of the Constitution of India is the order dated 25.07.2014 (Annexure P-8) passed by learned Civil Judge (Sr. Divn.), Gurdaspur, vide which an application filed under Section 28 of the Specific Relief Act, 1963, for the rescission of agreement of sale deed dated 03.04.2003 and the decree dated 12.09.2005 (wrongly mentioned in the application as 14.06.2005) on the basis of said agreement, was dismissed and the decree holder was given extension of time and was directed to deposit the entire balance sale consideration along with costs of stamp papers, expenses of registration and other incidental charges for the execution and registration of the sale deed in his favour, positively by 11.08.2014. The J.Ds. Were directed to execute and get registered the sale deed of the suit property in terms of the agreement of sale dated 03.04.2003 and decree dated 12.09.2005 in favour of D.H. within one month of the deposit of aforesaid amount by D.H., failing which D.H. can apply to the Court to seek indulgence of the Court in executing the sale deed in his favour. It was further directed that in case the D.H. fails to deposit the aforesaid amount by 11.08.2014, as directed the present application shall stand allowed as being prayed for.

(2.) It is necessary to trace out the history of the case. Plaintiff Gurjit Singh filed a civil suit for possession by way of specific performance of the agreement to sell dated 03.04.2003 regarding the land measuring 13 kanals, out of the land measuring 17 kanals 6 marlas, as fully detailed in the plaint, situated in the revenue estate of Gurdaspur, on payment of proportionate balance sale price of '48,8150/- or as determined by the Court. He also sought permanent injunction restraining the defendants from alienating the suit land in any manner.

(3.) At the stage of evidence of the plaintiff, the parties made statements and the learned Addl. Civil Judge (Sr. Divn.), Gurdaspur, vide order dated 12.09.2005 passed the following decree: