LAKHWINDER SINGH Vs. DILBAGH SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment of the lower appellate Court reversing that of the trial Court and thereby granting the relief of specific performance (instead of alternative relief of recovery of damages as was granted by the trial Court).

(2.) Respondent No. 1 had filed a suit on the ground that he had entered into an agreement to purchase the house of the predecessor-in-interest of respondents No. 2 to 4 by agreement dated 6.2.1996 and had paid Rs. 50,000/- out of a total consideration of Rs. 1 lac at the time of agreement. As per the said agreement, the sale deed was to be executed on or before 15.2.1997. Respondent No. 1 appeared before the Sub Registrar with the requisite money but the predecessor-in-interest of respondents No. 2 to 4 did not appear. Ultimately, respondent No. 1 filed the instant suit for specific performance on 14.6.1997. By a sale deed dated 8.7.1997, the property in dispute was sold to the appellant.

(3.) Both the Courts have held on fact that respondent No. 1 had succeeded in proving the due execution of the agreement to sell; that the property agreed to be sold to respondent No. 1 was the same as was sold to the appellant and that respondent No. 1 had always been ready and willing to fulfill his part of the contract.