Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 4.8.2000 passed by respondent No. 1 whereby the appeal was allowed and the application of the petitioner filed under Section 28 of Specific Relief Act was rejected.
(2.) The factual matrix of the case is that Man Singh, respondent No. 3, filed suit against the petitioner for specific performance of the agreement with the allegations that the petitioner entered into agreement to sell the land in dispute for a sum of Rs. 1,40,000. He was paid Rs. 1,17,000 but did not execute the sale-deed. The suit was decreed by the trial court. 2 The petitioner preferred first appeal against the decree of the trial court. It was dismissed on 29.2.1998. He filed second appeal against this judgment. The second appeal was dismissed by this Court on 16.11.1998. He preferred special leave petition against the judgment of the High Court. The special leave petition was dismissed by the Supreme Court on 19.2.1999. He further filed application for review against the order dated 19.2.1999. The review application against this order was rejected on 15.7.1999.
(3.) The judgment-debtor, respondent No. 3, filed execution application on 3rd April. 1999. The petitioner filed objection to it on 20th August, 1999 after three months of filing of the execution application alleging that the decree-holder was not willing to get the sale-deed executed and It was liable to be rejected. The petitioner also filed an application under Section 28 of the Specific Relief Act on 23rd August, 1999 for rescission of contract for sale which was decreed by the Court. The executing court allowed the application of the petitioner filed under Section 28 of the Act vide order dated 25.8.1999. Respondent No. 3 filed revision against this order. The revisional court set aside the order dated 25.8.1999 and remanded the matter to the executing court. The executing court decided the execution application afresh keeping in view the observation made in the order. The executing court after remand rejected the application filed by the petitioner under Section 28 of the Specific Relief Act on 4th August. 2000 and further granted 15 days time to the decree-holder to deposit balance amount of Rs. 23,000 within 15 days, The decree-holder-respondent deposited Rs. 23,000 on 7.8.2000.;