RAJ KANWAR Vs. GHARSI RAM

JUDGEMENT

(1.) Smt. Raj Kanwar-defendant has filed the instant second appeal.

(2.) Gharsi Ram-respondent (since deceased and represented by his legal representatives) filed suit for possession of suit land measuring 11 kanals by specific performance of agreement to sell dated 23.11.1998 executed by Lokman Singh (since deceased). The plaintiff alleged that Lokman Singh agreed to sell the suit land to the plaintiff vide agreement dated 23.11.998 @ Rs. 1,20,000/- per acre. The plaintiff paid Rs. 1,50,000/- as earnest money to Lokman Singh at the time of execution of agreement. Sale deed was to be executed up to 09.08.1999. However, Lokman Singh died prior to the said date and has been succeeded by his mother Smt. Raj Kanwar-defendant/appellant because Lokman Singh was unmarried. The plaintiff informed the defendant about the agreement and served notice dated 23.07.1999 for executing the sale deed on 09.08.1999 i.e. the date fixed in the agreement. However, the defendant did not turn up to execute the sale deed, whereas the plaintiff remained present in the office of Sub-Registrar for getting the sale deed executed and registered, along with requisite amount.

(3.) The defendant controverted the plaint allegations and denied the agreement. The defendant also denied receipt of any earnest money by Lokman Singh. Alleged agreement was pleaded to be without consideration.