RANDHIR SINGH Vs. BIRBAL SINGH

JUDGEMENT

(1.) Defendant is in second appeal against judgment and decree of the Courts below, whereby suit filed by the plaintiff for possession by way of specific performance has been decreed.

(2.) The case of the plaintiff, in short, is that the defendant is owner in possession of land measuring 07 Kanals 18 Marlas, being 1.58/1393 share, out of total land measuring 69 Kanals 13 Marlas, situated within the revenue estate of village Songal, Tehsil and District Kaithal. He agreed to sell his aforesaid land to the plaintiff for a consideration of Rs. 2,00,000/- and on receiving a sum of Rs. 1,50,000/- as earnest money, the agreement to sell was executed on 09.05.2003 and sale deed was agreed to be executed on 15.06.2004 on receipt of balance sale consideration. Before the target date, defendant had further received a sum of Rs. 30,000/- out of balance sale consideration of Rs. 50,000/- on 12.12.2003, but despite notice, requests and readiness and willingness on the part of the plaintiff, the defendant failed to honour his commitment as he did not come present before the Sub Registrar on the date of execution of sale deed. Therefore, the present suit was filed by the plaintiff for specific performance and possession. On notice, the defendant entered appearance and in his defence, denied the agreement in toto.

(3.) On the pleadings of the parties, issues were framed by the learned Trial Court on 17.02.2005 and 14.02.2007, which reads as under: -