BIBI RAUSHAN ARA Vs. NARENDRA KUMAR GUPTA

JUDGEMENT

(1.) The decree-holders/petitioners are aggrieved by order dated 11 -9-2002 passed by Subordinate Judge, III, Patna City in Miscellaneous Case No. 21 of 2000 arising out of Title Execution Case No. 2 of 2000 whereby the decree for specific performance of contract passed in Title Suit No. 113 of 1995 has been rescinded in exercise of power under Section 28 of the Specific Relief Act, 1963 (hereinafter referred to as the Act).

(2.) The factual matrix necessary for disposal of the controversy between the parties is that the plaintiffs/petitioners Hied the aforesaid Title Suit for specific performance of contract on the basis of agreement entered into between the parties for sale of immovable properties as described in Sched-ule-I of the plaint. The said suit was decreed on 20-12-1999 and the decree was signed on 6-1-2000. The Trial Court directed the defendants/opposite parties to execute the sale deed with regard to property described in Schedule-I of the plaint in favour of the decree-holders/petitioners on receipt of balance consideration money of Rs. 1,18,251/- within one month from the date of judgment i.e. by 19-1-2000 failing which the decree-holders/petitioners will be entitled on deposit of balance consideration amount in the Court to get the sale deed executed and registered by the Court and entitled to get the possession of the suit property through the process of the Court.

(3.) The case of the plaintiffs/decree-hold-ers/petitioners is that they approached the judgment-debtors/opposite parties within the aforesaid period to accept the balance consideration money and to execute and register the sale deed, but they avoided and hence they filed an Execution Case on 17-2-2000 for execution of the decree on payment of balance consideration money. In the said case on 3-6-2000, a petition was filed by the plaintiffs-decree-holders praying therein to grant permission to deposit the consideration money by challan which was allowed by the Court and in pursuance of that on 9-6-2000 they deposited the balance consideration by challan. Thereafter, the petitioners also submitted the draft of the sale deed on the basis of which a report was called for from the Sirestedar on the said draft and thereafter the draft was approved and as such they performed their part of contract.