JASBIR SINGH Vs. JITENDER KUMAR

JUDGEMENT

(1.) VIDE agreement Ex.PW-1/1 dated March 02, 2005 the defendants agreed to sell their 37.5% share in 22 bigha 9 biswa of land in the revenue estate of Village Dichaun Kalan to Lal Singh, Jagbir Sigh and Satya Dev. The agreement envisaged the transfer of the right conferred under the agreement to sell.

(2.) LISTING Rs. 65 lacs as the sale consideration, the prospective sellers received, evidenced by the receipt Ex.PW-1/2, Rs. 4.6 lacs towards earnest money-cum-part sale consideration.

(3.) THE short and cryptic judgment, spanning about five pages, declines specific performance on the reason that it is not obligatory for a Court to decree each and every claim for specific performance, if legal requirements are proved by the plaintiff. THE learned Single Judge has held that the remedy being discretionary, specific performance was to be denied in the instant case for the reason the suit was filed belatedly and there was a funny clause in the agreement to the effect that balance sale consideration would be paid after nine months of the possession of the land being handed over to the purchaser. THE learned Single Judge has founded contrary to normal human conduct.