NARINDERJIT SINGH Vs. NORTH STAR ESTATE PROMOTERS LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Having failed to convince the learned Single Judge of the Punjab and Haryana High Court to reverse the judgment and decree passed by the lower appellate Court for specific performance of Agreement for Sale dated 22.10.1996 executed by his father-cum-General Power of Attorney Col. Gurcharan Singh in favour of the respondent and to review the judgment passed in the second appeal, the appellant has filed these appeals. For the sake of convenience, the parties shall hereinafter be referred to as the appellant and the respondent.

(3.) The respondent filed suit for possession by way of specific performance of the agreement for sale impleading the appellant and his father as the defendants. The case set up by the respondent was that at the time of execution of agreement, its authorised representative had paid Rs.1,00,000; that on 22.11.1996, Rs.9,00,000 were offered to the appellant's father but he avoided to accept the amount despite telephonic message and phonogram sent on 23.11.1996 and personal visit to his office and residence. It was further pleaded that even though the respondent was always ready and willing and is still ready and willing to perform its part of the agreement, the appellant intentionally committed breach of the terms and conditions thereof and failed to perform his obligation by not extending cooperation in obtaining colonization licence from Punjab Urban Development Authority and ITC Certificate under Section 34-A of the Income Tax Act.