GURBIR SINGH
Hemant Kumar – Appellant
Versus
Jai Chand – Respondent
JUDGMENT :
GURBIR SINGH, J.
1. Challenge in this revision petition is to order dated 17.08.2019, passed by learned Additional Civil Judge (Senior Division), Hathin (Annexure P-4), whereby the application filed by respondent no.1 for recession of judgment and decree dated 01.07.2017 has been allowed.
2. The brief facts, relating to the passing of the impugned order, are that respondent no.1 herein - Jai Chand son of Munshi entered into an agreement to sell dated 02.11.2011 with the petitioner. The petitioner filed a suit for specific performance. Vide judgment and decree dated 01.07.2017, the said suit was decreed. It was held therein that the petitioner was entitled for specific performance of the agreement dated 02.11.2011, for payment of balance sale consideration and respondent no.1 was restrained from interfering in possession over the suit property. Respondent no.1 was also directed to get the sale deed executed in respect of the suit property in favour of the petitioner and proforma respondent no.2, within one month of passing of judgment. Otherwise, the petitioner would be at liberty to get the sale deed executed in his favour as per agreement.
3. Respondent no.1 moved an applic
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