LAWS(P&H)-2010-2-170

DARSHAN SINGH Vs. SUKHWINDER KAUR

Decided On February 08, 2010
DARSHAN SINGH Appellant
V/S
SUKHWINDER KAUR Respondents

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgments passed by the learned trial court dated 1.11.2003 and that of the first Appellate Court dated 22.7.2005.

(2.) A suit for possession by way of specific performance of an agreement to sell dated 16.5.1995 regarding 5 kanals 15 marlas of land was initiated by the present respondent No. 1. As per this agreement to sell, Rs. 70,000/-were paid as earnest money to the appellant by the respondent No. 1 at the time of execution of the agreement to sell. The sale consideration was fixed at the rate of Rs. 1,50,000/-per killa and the sale deed was to be executed by 16.5.1996. According to the terms of the agreement to sell there was a stipulation that in the eventuality of the appellant/defendant No. 1 not performing his part of agreement, the respondent No. 1/plaintiff shall be at liberty to get the sale deed executed in her favour through the court of law or, in the alternative get the refund of Rs. 1,40,000/-, which was double the amount of earnest money. Since the appellant failed to perform his part of the agreement, the suit was filed and in the reply filed to the averments made to the plaint, the appellant denied the execution of the agreement to sell, and all the terms and conditions thereof were also denied as a consequence thereto.

(3.) On the pleading of the parties issues were framed to the following effect: