RAHUL KALSI Vs. ANIL KUMAR AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs' revision petition challenging the orders dated 22.4.2009 and 12.5.2009 (Annexures P -1 and P -2) respectively passed by the Additional Civil Judge, Sr. Division, Gurgaon whereby the plaintiff has been directed to deposit the balance sale consideration and stamp registration charges in the court to show his bona fides towards execution of the sale deed.

(2.) AS per the averments made in this petition, the petitioner had entered into an agreement to sell on 1.3.2006 in respect of the property in dispute with defendant -respondents No. 1 to 3 for a sale consideration of Rs. 1,31,00,000/ -. It is further averred that an amount of Rs. 13,21,000/ - was paid by the petitioner to respondents No. 1 to 3 towards advance/earnest money by way of demand draft No. 961253 dated 28.2.2006 drawn on the City Bank, DLF, Gurgaon and the date for execution of the sale deed was settled as on or before 15.5.2006. It is the further case of the petitioner that respondents No. 1 to 3 failed to get the sale deed registered as agreed to by the due date. He received a letter dated 25.8.2006 from the respondents in which it was mentioned that they have forfeited the advance/earnest money paid by the petitioner to them. The petitioner was always ready and willing to perform his part of the contract but respondents No. 1 to 3 had failed to perform their part of contract by the due date and in these circumstances, the petitioner filed the suit for possession by way of specific performance on 26.2.2009.

(3.) ON 15.4.2009, the defendants appeared in the Court in compliance of the joint statement made by the counsel for the parties on 25.3.2009 and it was submitted by Sh. Manu Jain, Advocate that they are ready to execute the sale deed today itself. However, counsel for the plaintiff -petitioner submitted that his client was not present and therefore, the case was adjourned to 22.4.2009.