KARAMJIT SINGH Vs. NARINDER KAUR

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 11.5.2000 passed by the learned District Judge, Rupnagar who dismissed the appeal by affirming the judgment and decree dated 25.11.1998 passed by the Court of Additional Civil Jude (Sr. Division), Rupnagar who decreed the suit of the plaintiff for possession by way of specific performance.

(2.) SOME facts can be noticed in the following manners. The case set up by the plaintiff-respondent before the trial Court was that on 7.2.1995 defendant entered into an agreement for selling the suit property to the plaintiff for a consolidated amount of Rs. 2,50,000/- and received Rs. 50,000/- as an earnest money. As per the terms of the agreement the sale deed was to be executed on or before 7.2.1997. The plaintiff was ready and willing to perform her part of the contract. The defendant backed out of the agreement. So much so plaintiff went to the office of the Sub Registrar on 10.2.1997 as from 7.2.1997 to 9.2.1997 were gazetted holidays. In spite of the fact that plaintiff was ready and willing to perform her part of the contract the defendant backed out from the agreement. Hence the plaintiff filed a suit for specific performance.

(3.) ON the pleadings of the parties the following issues were framed :-