Arun Bhansali, J. - (1.) This revision petition is directed against order dated 03.12.2016 passed by Additional District Judge No. 1, Sri Ganganagar, whereby, the application filed by the petitioners under Order VII, Rule 11 CPC has been rejected.
(2.) The respondent-plaintiff filed a suit on 05.02.2010 for specific performance of contract dated 22.08.1989 and perpetual injunction with regard to land situated at Chak 4 'J' Bada, Tehsil and District Sri Ganganagar ad measuring 24 Bigha 15 Biswa with the averments that after receiving advance of Rs. 50,000/- and agreeing that remaining consideration of Rs. 1,75,000/- would be received within one month of getting the permission for sale, the sale deed would be executed and registered in favour of the plaintiff. Further submissions were made that it was also agreed that possession and water of the subject land would be handed over on the date the sale deed would be executed and registered, which agreement was amended and it was provided that out of the due consideration of Rs. 1,75,000/-, Rs. 50,000/- would be paid within 15 days and Rs. 1,25,000/- would remain due as agreed. It was averred that in terms of the agreement, the entire consideration of Rs. 2,25,000/- was paid as balance consideration was paid by demand draft of Rs. 50,000/- on 08.09.1989, demand draft of Rs. 1,00,000/- on 05.12.1989 and Rs. 25,000/- in cash, regarding which, an endorsement was made on the back of the agreement. Whereafter, it was averred that the sale deed of the land in question could not be executed and registered as the Sanad by the Rehabilitation Department had not been issued in favour of Bhairu Mal, which Sanad has so far also not been issued.
(3.) Averments were made about readiness and willingness of the plaintiff to perform his part of the contract i.e. pay for the expenses for getting the sale deed registered. Whereafter, averments were made that litigation ensued, pertaining to the land in question, based on a prior agreement to sale, said to have been executed by Sobh Raj, grand-father of Bhairu Mal, which suit was decreed on 31.03.1998, appeal against the said decree was accepted on 10.03.2000 by the First Appellate Court and the second appeal by the High Court was dismissed on 20.12.2000, against which, the appeal was pending before Hon'ble Supreme Court as Appeal No. 6485/2001. It was then alleged that during pendency of the litigation before Hon'ble Supreme Court, on 09.08.2010 the matter was referred to the Mediation Centre, when objection was raised by the plaintiff and his brother, to which, no satisfactory answer was given and a registered envelope containing blank papers was received, to which, a response was sent indicating as to for what purpose the letter was sent.;