Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 19.11.2010, passed by learned Additional District Judge, Fast Track Court, Ludhiana, vide which appeal filed by the Petitioners against order dated 6.1.2010, passed by learned trial Court, vide which application filed by Respondent -Plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter to be referred as the 'Code') for ad interim injunction order was allowed, was dismissed.
(2.) I have heard learned Counsel for the Petitioners and have gone through the whole record carefully including the impugned orders passed by learned courts below. Brief facts relevant for the decision of present revision petition are that Respondent -Plaintiff filed a suit for specific performance of agreement to sell the land duly described in the heading of the plaint on the plea that Petitioner -Defendants entered into an agreement to sell the land in dispute in favour of Respondent -Plaintiff and in pursuance of the said agreement, Rs. 15,00,000/ - as earnest money was received by them. As per agreement, a sum of Rs. 20,00,000/ - was to be paid on or before 30.4.2009. As per the case of the Plaintiff, he was always ready and still ready to perform his part of the contract and that he came present in the office of Sub Registrar on 15.10.2009 alongwith balance sale consideration after receiving a notice from the Defendants, which was duly replied by him and however, Defendants did not come present to perform their part of the contract.
(3.) RESPONDENT -Defendants contested the suit of the Plaintiff by admitting the execution of agreement and the receipt of Rs. 15,00,000/ - as earnest money. However, a plea has been taken that Respondent -Plaintiff committed fraud and that the remaining sale consideration was not paid, as agreed, and hence, Respondent -Plaintiff is responsible for breach of the terms and conditions of the agreement and that it was Respondent -Plaintiff, who failed to perform his part of the contract.;