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2014 Supreme(All) 3306

ABHINAVA UPADHYA
Dal Chand – Appellant
Versus
Pradeep Kumar – Respondent


Advocates Appeared:
For the Petitioner: A.K. Sharma
For the Respondent: Kshitij Shailendra

JUDGMENT

Abhinava Upadhya,J.: -

Supplementary affidavit filed today is taken on record.

2. By means of this writ petition, the petitioner has challenged the order of the executing court in execution case No.11 of 2003 by which his application under section 28 of the Specific Relief Act stating that the execution cannot proceed as the agreement stood rescinded on account of non-compliance on the part of the plaintiff as directed in the decree was rejected against which a revision was filed and the revision has also been dismissed.

3. On 15.3.1984, Dal Chand, the petitioner, executed a registered agreement to sell. He failed to execute the sale deed in favour of respondents No.1 and 2. But in the meantime he transferred the land in dispute to respondents No.3,4 and 5 which necessitated the respondents No.1 and 2 to file a suit being suit No.238 of 1990 claiming a decree of specific performance of contract pursuant to the agreement to sell dated 15.3.1984. The said suit after contest was decreed vide judgment and decree dated 25.5.1993 in favour of the respondents No.1 and 2. It is relevant to note that in the said suit besides respondents No.2 and 3, Suresh Chand, Dev Karan and Rakesh Ku









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