GHANSHYAM TIWARI Vs. RAJDEEP ARORA

JUDGEMENT

(1.) Heard. Challenge in the present appeal is to the Judgment and decree dtd. 22/11/2016 passed in Civil Suit No. 6A/2012 by the I Additional District Judge, Bilaspur, whereby a suit for specific performance was decreed in favour of the Respondent/Plaintiff.

(2.) The brief facts of the case are that Plaintiff- Rajdeep Arora through his power of attorney holder Chitpal Singh Waliya, filed a civil suit on 21/02/2012 on the ground that the original defendant Kheduram (since dead) had entered into an agreement for sale of his property on 18/12/2009 for a sale consideration of Rs.12,25,000.00, out of it an amount of Rs.2,00,000.00 was paid towards earnest money. The property comprises of total 8 Khasara numbers i.e. (2033/6, 2036/3), (2033/7, 2036/4), (2033/8, 2036/5), 2028/1, 2035/3, 2028/4, 2036/1, 2028/2), admeasuring total 4.27 acres situated at Mopka, tahsil and district Bilaspur.

(3.) Further pleading is that during the subsistence of the contract, an amount of Rs.50,000.00 was paid on 24/02/2010 thereby the amount of earnest money was inflated to Rs.2,50,000.00, and date for execution of the sale deed which was earlier fixed for 17/03/2010, was further extended. The plaintiff averred that despite execution of agreement, the sale deed was not executed and in course of such facts it came to notice of the plaintiff that a civil suit filed by a third party namely Sonu against the defendant is pending. However, despite that the plaintiff served notices to execute the sale deed, but eventually it was not materialized. Therefore, the notices dtd. 10/06/2010 (Ex.P-3) and 22/06/2011 (Ex.P-4) were issued for execution of the sale deed, but ultimately when the same having not been materialized, the civil suit was filed.