NAGENDRA KUMAR Vs. ARBIND TANTI

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the respondent on the interlocutory applications, i.e., I.A. No.2890 of 2010 and I.A. No.2891 of 2010.

(2.) The I.A. No.2890 of 2010 has been filed by the appellants under section 28 (1) of the Specific Relief Act read with Order 41 rule 33 C.P.C. The learned counsel for the appellants submitted that by the impugned decree dated 11.12.2007 the court below had directed the respondents to pay Rs.1,75,000/- within two months from the date of decree and after receipt of consideration the appellants were directed to execute the deed of reconveyance in favour of the respondents. The learned counsel further submitted that the period of two months expired on 10.2.2008 but no payment was made and it is stated that the respondents had not prayed for extension of the period. On these facts he submitted that the contract may be rescinded as provided under section 28(1) of the Specific Relief Act and, therefore, according to the learned counsel this application has been filed for rescission of the contract.

(3.) The learned counsel for the respondent has filed a counter affidavit and submitted that the direction was against the appellants to execute the sale deed on receiving the consideration amount. But the appellants did not obey the decree despite the fact that the respondent was always ready to hand over the part of the consideration money.