KARNIL SINGH Vs. GIAN SINGH AND OTHERS

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decree of the Lower Appellate Court whereby the appeal filed by the defendant-respondents was accepted and judgment and decree of the trial Court was modified and instead of specific performance of the agreement to sell in question, the decree for Rs. 38,700.00 was passed in favour of the plaintiff-appellant.

(2.) Briefly stated, the case of the appellant before the trial Court was that defendants No.1 to 3, who were owners of the land in dispute along with defendant No.4, entered into an agreement with him to sell the same at the rate of Rs. 15,500.00 per killa and executed an agreement in this regard on 27.3.1981 whereby they received a sum of Rs. 30,000.00 as earnest money and agreed to execute regular sale deed in his favour by joining defendant No.4 on or before 13.7.1981. According to the plaintiff appellant, he came to Ajnala for getting the sale deed executed in terms of this agreement on 13.7.1981 with the balance sale consideration but defendants No.1 to 3 expressed their inability to execute the sale deed and sought one day's time which was accepted and an endorsement was made in this regard which was duly signed by the parties. It is the further case of the appellant that on 14.7.1981, he again came with the balance sale price and registration expenses for getting the sale deed executed but defendants No.1 to 4 failed to turn up to execute the sale deed. The plaintiff remained present in the office of Tehsildar Anjala upto 5.00 P.M. whereafter he got his attendance marked by getting an affidavit attested from that officer. A notice dated 16.7.1981 was served upon the defendants through registered post to which defendants sent reply dated 3.8.1981 denying to execute the sale deed. Thus, the plaintiff filed the present suit on 5.9.1981 for possession of the suit land by specific performance of the agreement. Defendant No.5 was added as a party as he was recorded in cultivating possession of certain fields as a tenant. However, later on, the suit was withdrawn against him as he was found to be dead.

(3.) The suit was contested by the defendants by filing a joint written statement. It was admitted that defendants No.1 to 3 entered into an agreement to sell dated 27.3.1981. Receipt of earnest money and last date for execution of the sale deed was also not disputed. According to them, when they attended the office of Sub Registrar for execution of the sale deed dated 13.7.1981, the plaintiff was not ready with the balance sale consideration and sought time which was extended upto 14.7.1981. However, the plaintiff was not ready with the balance sale consideration even on 14.7.1981, while the defendants were ready to execute the sale deed on receipt of the balance sale consideration. Their further case is that they had entered into an agreement to purchase some land in Uttar Pradesh on 13.5.1981 and were to get regular sale deed from those vendors upto July 18, 1981, but, since the plaintiff failed to get the sale deed executed in terms of the agreement entered into with him, their agreement also failed and they suffered a lot. They accordingly pleaded that the plaintiff himself committed breach of the agreement as he was not having the balance sale consideration with him and was not entitled to the relief of specific performance. From the pleadings of the parties, the following issues were framed.