BALDEV SINGH Vs. KESHWA NAND

JUDGEMENT

(1.) The instant second appeal has been preferred by Plaintiff Baldev Singh, who was fairly successful in the trial court, but has been nonsuited by the lower appellate court.

(2.) It is undisputed that Defendants, vide agreement to sell dated 17.05.1996, agreed to sell 08 kanals 19 marlas land to the Plaintiff @ Rs. 4,000/- per marla and received Rs. 40,000/- as earnest money. Defendants also received further amount of Rs. 2,00,000/-on 20.08.1996 and Rs. 1,00,000/- on 26.11.1996. Lastly, date for execution of sale deed was extended to 20.04.1997.

(3.) Plaintiffs case is that before 20.04.1997 - the date stipulated for execution of salt-deed, Punjab Government made announcement for development of Anandpur Sahib in view of forthcoming 300th birth anniversary of Khalsa at Anandpur Sahib and consequently, Development Authority was formed to prepare plan for acquisition of land of Anandpur Sahib town and surrounding villages. In view thereof, the Plaintiff sought refund of his earnest money of Rs. 3,40,000/- from the Defendants, who agreed to pay the same to the Plaintiff at his house on 20.04.1997, but the Defendants did not turn up. Accordingly, the Plaintiff sought refund of earnest money of Rs. 3,40,000/- with interest at the rate of 11/2% per month w.e.f. 20.04.1997 till recovery. The Plaintiff included Rs. 1,78,500/- as interest for pre-suit period and therefore, filed suit for recovery of Rs. 5,18,500/-.