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1995 Supreme(P&H) 849

V.K.JHANJI
Balkar Singh Etc. – Appellant
Versus
Manmohan Singh Etc. – Respondent


Judgment

V.K.Jhanji, J.

1. This revision petition is directed against order dated 18.12.1991 whereby application of the judgment-debtors under Section 28 of the Specific Relief Act has been allowed and agreement dated 11.3.1974 has been ordered to be rescinded and in consequence thereof execution application filed by the decree-holders (petitioners herein) has been dismissed.

2. In brief, the facts are that on 17.4.1978 the trial Court passed a decree for specific performance of the agreement dated 11.3.1974 in favour of the petitioners and against the respondents. Respondents were directed to execute the sale-deed within a period of three months and in default petitioners were held entitled to get the sale-deed executed through the Court. Against the judgment and decree of the trial Court, respondents No. 1 and 3 and Jaswant Singh, predecessor-in-interest of respondents No. (ii) to (vi) filed Regular First Appeal No. 640 of 1978 along with stay application. Appeal and the stay application came up for motion hearing on 23.5.1978 when notice of the appeal was ordered to be issued and execution of the decree was stayed. Subsequently, the stay application came up for hearing before Hon









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