SMT. GURBACHAN KAUR Vs. SURJAN SINGH & ORS.

JUDGEMENT

(1.) This is appellant/plaintiff's appeal against the judgment and decree dated 6.11.1984 passed by the learned courts below, vide which plaintiff/appellant has been granted a decree of refund of earnest money with interest at the rate of 6 per cent per annum, while claim for possession by way of specific performance of agreement to sell dated 6.5.1974 was dismissed.

(2.) Pleaded case of the plaintiff/appellant was that defendant No.1 on 6.5.1974 representing himself to be the sole owner of khasra No.1806, 1807, 1808, and 1809 as per Jamabandi for the year 1954-55 agreed to selll land measuring 43 kanals 4 marlas to the plaintiff/appellant for valuable consideration of Rs. 10,000/- (Rupees ten thousand only) per Killa. An agreement to sell was executed between the parties on 6.5.1974 and it was agreed between the parties that the conveyance deed would be executed on or before Magh 15, Samvat 2031 i.e. 28.1.1975.

(3.) Plaintiff also claimed that in part performance of the contract, actual physical possession of the land was given to the plaintiff/appellant. One of the stipulations in the agreement to sell was that the plaintiff/appellant could enforce the contract by way of specific performance and the expenses incurred for this were permitted to be deducted from the sale consideration.