VAKIL CHAND Vs. JASVIR SINGH

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dated 11.07.2014 whereby the application of the respondent-judgment debtor submitted under Section 28 of the Specific Relief Act for rescission of the contract has been allowed.

(2.) Mr. Atul Goyal, learned counsel appearing on behalf of the petitioners/decree holders submitted that petitioners filed the suit against the respondent for possession by way of specific performance of agreement to sell dated 17.09.1999 wherein the defendant had agreed to sell the land @Rs. 2,20,000/- per killa. On failure on the part of the defendant, suit aforementioned was filed. The trial Court vide judgment and decree dated 19.07.2010 decreed the suit and directed the defendant to execute the sale deed in favour of the plaintiffs after receiving the balance sale consideration and other expenses within a period of three months from the date of decree. Against the aforementioned judgment and decree, the respondent-defendant preferred an appeal before the lower Appellate Court. There was no stay and the same was also dismissed vide judgment and decree dated 18.11.2010. Even regular second appeal bearing No.1475 of 2011 was preferred, which was also dismissed by this Court on 20.05.2011.

(3.) In the meantime, the present petitioners preferred execution application (Annexure P-4) before the Executing Court on 21.12.2010 wherein it was categorically mentioned that the petitioner is willing to deposit the amount as directed by the Court. After filing of the application, Court issued notice to the judgment debtor for 18.01.2011 and again notice was issued for 02.04.2011 and for 14.05.2011. On said date, counsel for the judgment debtor appeared and filed memo of appearance. The matter was adjourned to 06.08.2011. Power of attorney was filed by the counsel appearing for the judgment debtor and the matter was adjourned to 17.09.2011 for filing reply. It is on 17.09.2011, decree holder was directed by the trial court to deposit the balance sale consideration on or before 08.10.2011. The balance sale consideration was Rs. 1,12,900/-, which was duly deposited on 07.10.2011, is evident from the application and the order passed thereon (Annexure P-5). On 08.10.2011, the matter was adjourned for 05.11.2011 and then to 22.02.2012. On said date, draft sale deed was filed and the concerned reader of the court was directed to compare the same with the decree sheet. The judgment debtor also filed application under Section 28 of the Specific Relief Act (Annexure P-6) which was duly replied by the decree holders.