RANDHIR KAUR Vs. PRITHVI PAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is plaintiff who has sought specific performance of agreement to sell dated Nov. 5, 2004 in respect of land measuring 193 kanals 18 marlas at the rate of Rs.1,27,000.00 per acre. A sum of Rs.12,50,000.00 and Rs.1,00,000.00 was paid to defendant Nos. 1 and 2 as earnest money at the time of execution of agreement to sale. The date of registration of sale deed was fixed as Jan. 30, 2005. The suit for specific performance was filed on April 3, 2006.

(3.) The learned trial court vide judgment and decree dated April 13, 2010 decreed the suit. The appeal against said judgment and decree remained unsuccessful when such appeal was dismissed on Aug. 11, 2012. However, in the second appeal, the decree for specific performance of the agreement was declined but instead decree for recovery of Rs.13,50,000.00 paid by the appellant along with interest at the rate of 12% was granted. The High Court held that plaintiff was ready and willing to perform the agreement and that Dhanwant Singh was not the attorney to act on behalf of the appellant.