Raj Mohan Singh, J. - (1.) Petitioners have filed this revision petition against the order dated 16.08.2016 passed by Civil Judge (Senior Division), Karnal whereby application filed by the petitioner under Section 28 of Specific Relief Act for rescission of agreement, judgment and decree dated 11.02.2012 on account of non-payment of sale consideration within prescribed period was dismissed.
(2.) Suit of the plaintiff was decreed vide judgment and decree dated 11.02.2012 on deposit and receipt of balance sale consideration within two months from passing of the judgment and decree holder was required to deposit the balance sale consideration for getting the sale deed executed and registered.
(3.) Petitioners alleged that the decree holder did not comply with the requirement and by not depositing the balance sale consideration had violated the mandatory direction, therefore, the decree has to be nullified. Decree holder moved an application for depositing the balance sale consideration only on 20.07.2013 after a period of about 17 months and the balance sale consideration was deposited only on 01.10.2013. The agreement to sell was executed on 08.12.2006. Judgment and decree came to be passed by trial Court on 11.02.2012.;