JUDGMENT :

Rekha Mittal, J.

CM No.2705-CII of 2020

In CR No.169 of 2020

1. Heard.

2. Allowed as prayed for.

3. Documents Annexure P-6 to P-8 are taken on record subject to just exceptions.

4. Disposed of accordingly.

CR Nos.169 and 204 of 2020

5. This order will dispose of CR Nos.169 and 204 of 2020 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from CR No.169 of 2020.

6. Challenge in the present petition has been directed against order dated 12.12.2019 passed by the Additional Civil Judge (Senior Division), Ludhiana whereby application filed by the petitioner/defendant No.2 under Section 28 of the Specific Relief Act, 1963 to rescind the agreement to sell dated 23.02.2004 has been dismissed.

7. A brief backdrop of the case is that respondent No.1/plaintiff filed suit for possession by way of specific performance of agreement to sell dated 23.02.2004 executed by Sakhir Chand (since deceased) – respondent No.2 with further prayer for grant of permanent injunction restraining defendants from alienating the suit property except to the plaintiff. In the said suit, the plaintiff also sought declaration that sale deed bearing vasika