GULZAR KAUR Vs. BARA SINGH

JUDGEMENT

(1.) THIS is defendant's appeal and has been directed against the judgment and decree dated 5.8.1999 passed by the Additional District Judge, Ropar, who modified the judgment and decree of the trial Court which granted a money decree for a sum of Rs. 41,000/- alongwith interest at the rate of 12% per annum from 15.6.1989 till recovery in favour of the plaintiff Bara Singh and against Smt. Gulzar Kaur, who has filed the present appeal.

(2.) SOME facts can be noticed in the following manner. Bara Singh filed a suit for possession by way of specific performance against Smt. Gulzar Kaur with regard to the land measuring 12 Kanals 3 Marlas on the plea that the said land was agreed to be sold by Gulzar Kaur in his favour on 15.6.1989 at the rate of Rs. 50,000/- per acre and in part performance of the agreement Smt. Gulzar Kaur received a sum of Rs. 41,000/- by way of earnest money. The last date for execution of the sale deed was 15.6.1989. The defendant was called upon several times to execute the sale deed. So much so the plaintiff even served a notice upon the defendant through counsel on 18.6.1990 calling upon the defendant to execute the sale deed but to no effect. The plaintiff appeared before the Sub Registrar along with the remaining sale consideration but the defendant did not turn up, as a result of which, the suit for possession was filed with an alternate prayer that a money decree for a sum of Rs. 41,000/- may be passed in favour of the plaintiff.

(3.) AGGRIEVED by the judgment and decree of the trial Court Shri Bara Singh filed an appeal before the Additional District Judge, Ropar who modified the judgment and decree of the trial Court and came to the conclusion that since the agreement of sale has been executed by the defendant and that the defendant has failed to prove that she incurred the amount by way of loan and that the plaintiff was not ready and willing to perform his part of the contract, therefore, the first appellate Court granted a decree for possession by way of specific performance with regard to the land in question. The reasons for modifying the judgment and decree are contained in para Nos. 8, 9 and 10 of the judgment of the first appellate Court which are quoted as follows :-