HARDEEP KAUR Vs. MALKIAT KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The defendant is in appeal aggrieved by the judgment dated March 9, 2011 of the High Court of Punjab and Haryana whereby the Single Judge of that Court allowed the second appeal filed by the respondent plaintiff; setaside the judgment and decree dated January 5, 2001 passed by the District Judge, - Sangrur and restored the judgment and decree dated April 21, 1997 passed by the Civil Judge, Junior Division, Dhuri.

(3.) The short question that arises for consideration in this appeal by special leave is whether a second appeal lies only on a substantial question of law and it is essential for the High Court to formulate a substantial question of law before interfering with the judgment and decree of the lower appellate court. This question arises in this way. The respondent (hereinafter referred to as 'plaintiff') filed a suit for specific performance of the contract dated May 22, 1993. According to the plaintiff, the appellant (hereinafter referred to as 'defendant') being co-owner having 1/12 th share in the agricultural land admeasuring 183 bighas 19 biswas situate in Ferozepur Kuthala, Tehsil Dhuri, by an agreement dated May 22, 1993, agreed to sell 15 bighas 4 biswas of land to the plaintiff at the rate of Rs. 15000/- per bigha. The defendant received Rs. 1,48,000/- as earnest money. The sale deedwas to be executed on or before March 10, 1994 and the possession of the land was also to be delivered at the time of registration of the sale deed on receipt of remaining consideration of Rs. 80,000/-. The defendant got the time for execution of sale deed extended upto May 10, - 1995 with the consent of the plaintiff. However, despite repeated requests by the plaintiff, she did not execute the sale deed. It is the plaintiff's case that she had been always ready and willing to perform her part of the contract, but since the defendant failed to perform her part of the contract, the suit for specific performance of the contract had to be filed.