NAVEEN SOOD Vs. SHASHI GOEL AND ORS.

JUDGEMENT

(1.) By this petition, the petitioner who is the decree-holder in a suit instituted by him against the respondents-defendants, (by which he sought specific performance of an agreement of sale dtd. 7/2/2013), is aggrieved of the order of the learned executing Court, by which the application filed by the respondent no. 1-judgment debtor for rescission of the contract itself, in terms of Sec. 28 (1) of the Specific Relief Act, 1963, was allowed; on the ground that despite more than two months having elapsed since the date of the decree, i.e. 6/12/2016, the balance sale consideration of Rs.30,00,000.00 was not paid by the decree holder.

(2.) In a nut shell, the essential facts of the case are that the petitioner had instituted a suit against the respondents seeking specific performance of an agreement of sale entered into between the parties on 7/2/2013.

(3.) That suit was decreed in favour of the petitioner by the learned trial Court vide its judgment and decree issued on 6/12/2016 (Annexure P-4), the relief granted being as follows:-