AI Structured Summary
Not yet generated for this judgment
Judgment
Review Petition (C) Nos.1445-1446 of 2016 In Civil Appeal Nos.13411-13412 Of 2015 and Review Petition (C) Nos.176-177 of 2016 In Civil Appeal Nos.13413-13414 of 2015
We have heard the learned counsels for the contesting parties at length. We have considered the entire materials on record. On such consideration we are of the view that there is no error or infirmity in the order dated 17th November, 2015 passed in Civil Appeal Nos. 13411-13412 of 2015 and Civil Appeal Nos. 13413-13414 of 2015 so as to justify review/recall of the said order in the exercise of the review jurisdiction of this court. The Review Petitions are consequently dismissed.
I.A. Nos.3-4/2016 In Civil Appeal Nos.13411-13412 of 2015
We have heard the learned counsels for the contesting parties. The prayer for cancellation of the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) executed in favour of Ms. Sabina Jajodia has been specifically prayed for in the suit filed by the applicant - appellant Ravinder Nath Sahni as the plaintiff in addition to the relief for specific performance. The said relief was granted by the learned trial Court but reversed by the High Court in appeal. As we had set aside the order of the High Court and decreed the suit of the plaintiff - Ravinder Nath Sahni and dismissed the suit filed by Ms. Sabina Jajodia, as plaintiff, for possession, we ought to have further decreed the suit of Ravinder Nath Sahni for cancellation of the two sale deeds in question.
Accordingly, we modify our order dated 17th November, 2015 to decree the suit for specific performance filed by the applicant - appellant Ravinder Nath Sahni and cancel the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) executed in favour of Ms. Sabina Jajodia. The jurisdictional Sub-Registrar shall cancel the sale deeds (Exhibit DW2/2 and Exhibit DW2/3) and shall make necessary entries in the relevant revenue records.
I.A. Nos. 3-4 of 2016 are allowed in the above terms.