JUDGMENT

Amol Rattan Singh, J. (Oral) - By this petition, the petitioner who is the decree-holder in a suit instituted by him against the respondents-defendants, (by which he sought specific performance of an agreement of sale dated 07.02.2013), is aggrieved of the order of the learned executing Court, by which the application filed by the respondent no. 1-judgment debtor for rescission of the contract itself, in terms of section 28 (1) of the Specific Relief Act, 1963, was allowed; on the ground that despite more than two months having elapsed since the date of the decree, i.e. 06.12.2016, the balance sale consideration of Rs. 30,00,000/- was not paid by the decree holder.

2. In a nut shell, the essential facts of the case are that the petitioner had instituted a suit against the respondents seeking specific performance of an agreement of sale entered into between the parties on 07.02.2013.

3. That suit was decreed in favour of the petitioner by the learned trial Court vide its judgment and decree issued on 06.12.2016 (Annexure P-4), the relief granted being as follows:-

"In this case it is hereby ordered that the suit of the plaintiff is decreed with costs for specific performance