ZAHIDA KHATOON Vs. MD.RAFIQUE

JUDGEMENT

(1.) Petitioners, by way of filing the present petition under Article 227 of the Constitution of India, have prayed for quashing and setting aside the order dated 18.09.2004 passed by the learned Additional Munsif, Hazaribagh in Execution Case No.6 of 1994 (Annexure-4), whereby the petition filed by the judgment debtors/petitioners under Section 28 of the Specific Relief Act, 1963 for recession of the contract and for dismissal of the execution case has been rejected.

(2.) Heard learned counsel for the petitioners as well as respondents at length and perused the impugned order as well as other materials placed on record.

(3.) Learned counsel for the petitioners submitted that the order passed by the learned court below, while rejecting the petition filed by the petitioners under Section 28 of the Specific Relief Act, is ab initio void and illegal. It is further submitted that the petitioners were directed to deposit the balance amount of consideration, amounting to Rs.925/- (Rs. Nine hundred Twenty five only) within thirty days from the judgment and decree passed in Title Suit No.53 of 1974 but, the decree holder failed to deposit the same within the stipulated time and for non-compliance of the order, the decree could not be executed.