JAGDISH Vs. RAJBIR

JUDGEMENT

(1.) For reasons mentioned in the application, which is accompanied by affidavit, delay of 22 days in filing the appeal is condoned.

(2.) Defendant Jagdish has filed the instant second appeal having failed in both the courts below.

(3.) Respondent-Plaintiff Rajbir filed suit against the Defendant-Appellant for possession of the suit property by specific performance of the agreement to sell alleging that the Defendant agreed to sell the suit land to the Plaintiff for Rs. 3,20,000/- and executed agreement dated 29.09.2004. The entire sale consideration was paid by the Plaintiff in bank on behalf of Defendant to clear the bank loan taken by the Defendant. Sale deed was to be executed up to 12.10.2004. Accordingly, on 12.10.2004, the Plaintiff went to the office of Sub Registrar to get the sale deed executed and registered, but the Defendant did not turn up. The Defendant thus committed breach of agreement.