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2017 Supreme(P&H) 992

ANITA CHAUDHRY
Lakhmi Chand (deceased) through LRs – Appellant
Versus
Big Jo's Estate Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.K. Jindal, Mr. A.K. Jindal
For the Respondent: Mr. Hemant Saini

JUDGMENT :

ANITA CHAUDHRY, J.

1. This petition has been filed by the petitioners aggrieved by the order dated 21.7.2017 (Annexure P-21) as the application filed under Section 28 of the Specific Relief Act seeking rescission of the contract was dismissed. The petitioners are also aggrieved of the order dated 21.7.2017 (Annexure P-22) vide which their objections to the execution petition had been dismissed.

2. The background facts in a nutshell are as follows:-

The plaintiff filed a suit seeking specific performance of the contract entered with Lakhmi Chand on 28.5.2005. The total consideration agreed was Rs. 3,10,20,000/- i.e. @ 48.00 lacs per acre. Out of the sale amount, a sum of Rs. 31,02,000/- was paid as earnest money. The last date for execution of the sale deed was agreed to be 27.2.2006. The sale deed was not executed. The plaintiff filed a suit on 24.3.2006 stating that he appeared before the Sub Registrar with the balance sale consideration but the defendant did not turn up and he was ready to perform his part of the agreement.

3. The defendants who are the legal heirs of Lakhmi Chand took the plea that the suit was not maintainable and it was a case of suppression of material

































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