JAI KISHAN GARG Vs. RANDHIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the defendant in a suit for Specific Performance of a contract. The Trial Court had dismissed the suit. The first Appellate Court allowed the appeal of the plaintiff and decreed the suit. The High Court, by the impugned judgment and order has dismissed the second appeal filed by the appellant.

(3.) The appellant and the respondent entered into an Agreement to Sell dtd. 17/10/2005 with respect to a flat/plot/house No. Land Company in Khasra No.31/10 (7-12) situated at V Khanti Majra, Gurgaon for a total sale consideration of Rs.16,25,000.00 (Rupees sixteen lakhs twenty five thousand only) out of which Rs.1.00 lakh was to be paid as advance money and the remaining amount of Rs.15,25,000.00 was to be paid within 60 days. The agreement further provided that in case the appellant refuses to transfer the suit property in favour of the respondent, the respondent would have a right to get double the amount of advance money from the appellant and in the event the respondent fails to purchase the suit property by making the full and final balance amount within the time specified the advance/earnest money of Rs.1.00 lakh would stand forfeited on the expiry of the period of 60 days. Other formal terms and conditions were also mentioned in the Agreement to Sell. The relevant clauses as stated in paras 1, 2 and 5 of the Agreement to Sell are reproduced hereunder: