TARSEM SINGH Vs. SUKHMINDER SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) The defendant is the petitioner in this Special Leave Petition before us.

(3.) The petitioner, who owned 48 kanals 11 marlas of agriculural land in village Panjetha, Tehsil and District Patiala, entered into a contract for sale of that land with the respondent on 20-5-1988 @ Rs. 24,000/- per acre. At the time of the execution of the agreement, an amount of Rs. 77,000/- was paid to the petitioner as earnest money. Since the petitioner did not execute the sale deed in favour of the respondent in terms of the agreement although the respondent was ready and willing to perform his part of the contract, the latter, namely, the respondent filed the suit for Specific Peformance against the petitioner which was decreed by the trial Court. The decree was modified in appeal by the Additional District Judge who was of the opinion that the parties to the agreement, namely, the petitioner and respondent both suffered from a mistake of fact as to the area of the land which was proposed to be sold as also the price (sale-consideration) whether it was to be paid at the rate of per "Bigha" or per "Kanal". The Lower Appellate Court also found that the respondent was not ready and willing to perform his part of the contract. Consequently, the decree for Specific Performance was not passed but decree for refund of the earnest money of Rs. 77,000/- was passed against the petitioner. This was upheld by the High Court.