STATE OF HIMACHAL PRADESH Vs. MANOJ KUMAR

JUDGEMENT

(1.) <DJG>AMIT RAWAL,J.</DJG> The petitioner-defendant No. 2-subsequent vendee is aggrieved of the impugned order, whereby the land acquired by way of sale deed dated 05.11.1998 sought to be attached for recovery of the amount of earnest money by the plaintiff.

(2.) Mr. Tribhawan Singla, learned counsel appearing on behalf of the petitioner contends that respondent-plaintiff instituted the suit seeking specific performance of the agreement to sell and the sale deed aforementioned was also challenged. Both the courts below have upheld the sale deed but ordered for refund of the earnest money of Rs. 94,500.00 along with interest. Instead of pursuing the execution against the Vendor, the plaintiff has sought the attachment of the property which is subject matter of the sale deed which is not the correct appreciation of the law and thus urges this Court for setting aside of the order.

(3.) Mr. Preetwinder Singh Dhaliwal, learned counsel appearing on behalf of respondent-plaintiff submits that since the sale deed was during the subsistence of the agreement, therefore, plaintiffs have right to seek the recovery of the amount by attachment of the land described in the sale deed, aforementioned. There is no illegality and perversity in the order. Order cannot be said to have been passed without jurisdiction.