BHUPINDER SINGH Vs. CHAMKAUR SINGH

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 5/9/2017 passed by the Additional Civil Judge (Sr.Divn.), Nabha, whereby the application filed by the petitioner and other judgment debtors under Sec. 28 of the Specific Relief Act (for short 'the Act') for rescinding the agreement to sell dtd. 13/1/2006 was dismissed.

(2.) Suit of the plaintiffs-respondents was decreed vide judgment and decree dtd. 13/5/2013. Defendants were directed to execute and register the sale deed in favour of the plaintiffs on delivering possession within a period of four months from the date of judgment failing which the plaintiffs were held entitled to proceed further through agency of the Court.

(3.) Feeling aggrieved against the judgment and decree dtd. 13/5/2018 passed by the trial Court, defendants went in appeal before the lower Appellate Court. Vide order dtd. 16/7/2013 passed by the lower Appellate Court, operation of the judgment and decree of the trial Court was stayed till final disposal of the appeal. The appeal was ultimately dismissed by the lower Appellate Court on 5/12/2014. Decree holders deposited the remaining sale consideration on 14/12/2015. After two months of the said deposit, an application under Sec. 28 of the Act was filed by the defendants on 15/2/2016 for rescinding the agreement to sell on the ground that the deposit made by the decree holders was not in accordance with the judgment and decree of the trial Court.