SATYA PAL BANSAL Vs. SHASHANK RASTOGI AND ANOTHER

JUDGEMENT

(1.) Plaintiff Satyapal Bansal has filed FA No. 126/2010 challenging dismissal of his suit for specific performance of contract whereas defendant Shashank Rastogi has filed FA No. 132/2010 to challenge the decree which directs him to refund earnest money of Rs. 5 lakhs to the plaintiff.

(2.) Both the appeals are arising out of the same judgment and decree, therefore, they are taken up for disposal by this common judgment.

(3.) Plaintiffs case, in short, is that an agreement between him and defendant No. 1 (henceforth 'the defendant') was executed on 26.9.2007 for sale of suit property ad measuring 16 acres situate at village Sirsa, Tehsil and District Durg at the rate of Rs. 4,61,000/- per acre, total amounting to Rs. 73,76,000/- . The defendant received the earnest money of Rs. 5 lakhs in the presence of witnesses promising to execute the sale deed on or before 21.10.2007 after receiving the balance sale consideration. According to the plaintiff, the defendant did not provide necessary documents viz., B - 1, Khasara Panchshala nor demarcated the land despite repeated requests and eventually refused to execute the sale deed. Because of greed, the defendant wanted to sell the land to some other person on higher rate whereas the plaintiff was, and is, always ready and willing to perform his part of contract.