BALWANT SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Defendant Balwant Singh having failed in both the courts below has approached this Court by way of instant second appeal.

(3.) Respondent-Plaintiff Karnail Singh filed suit against Defendant-Appellant alleging that the Defendant agreed to sell 8 kanals land in suit to the Plaintiff for 1,55,000/- and received 1,42,500/- as earnest money and executed agreement dated 4.12.2001. Sale deed was to be executed on 4.6.2002. However, by mutation consent date for sale deed was extended to 20.8.2002 and again to 20.11.2002 by written endorsements on the back of the agreement. The Plaintiff went to the office of Sub Registrar on 20.11.2002 for getting sale deed executed and registered as per agreement but the Defendant kept on putting off and did not do the needful. He did not turn up to execute sale deed and committed breach of contract. Legal notice dated 22.3.2004 also did not bear any fruit. Accordingly, the Plaintiff sought specific performance of the agreement to sell and in the alternative recovery of double the earnest money.