JASPAL SINGH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) These appeals which emanate from a judgment passed in Regular Second Appeal and an order passed in Review Petition by the High Court of Punjab & Haryana at Chandigarh ( "High Court ") in RSA No. 3619 of 2012 (O&M) and RA-RS No. 87 of 2019 take exception to the judgment dtd. 8/2/2019 and order dtd. 10/7/2019 respectively, by which Regular Second Appeal filed by the respondent was allowed and the review petition filed by the appellant has been dismissed.

(2.) The appellant (plaintiff) entered into an Agreement to Sell dtd. 22/6/2003 with the respondent (defendant) for purchase of land admeasuring 12 marlas, on which a factory stood, situated at village Gowar/Gohwar, Tehsil Phillaur, District Jalandhar, Punjab ( "the subject property "). The respondent, a co-owner of the subject property along with his brother, agreed to sell his half share for a consideration of Rs.12,50,000.00. An earnest money amount of Rs.9,00,000.00 was paid by the appellant at the time of execution of the Agreement, which stipulated 22/6/2004 as the date for execution of the Sale Deed, further providing that if the Sale Deed could not be executed for any reason, the respondent would refund the earnest money.

(3.) By a further Agreement dtd. 21/6/2004, the date for execution of the Sale Deed was extended by mutual consent to 22/7/2004. A third Agreement dtd. 21/7/2004 recorded the receipt by the respondent of a further sum of Rs.60,000.00, extended the date for execution of the Sale Deed to 22/1/2005 for payment of the balance consideration, and provided that all other terms of the first Agreement would continue to apply.