PAWAN KUMAR Vs. MANGAL SAIN BANSAL

JUDGEMENT

(1.) For the reasons mentioned, delay of two days in refiling this appeal is condoned.

(2.) This is Defendant's second appeal challenging the judgment and decrees of the courts below whereby suit of the Plaintiff-Respondent for possession by way of specific performance of the agreement dated 13.03.2002 was decreed on deposit of balance sale consideration within two months with a further relief of permanent injunction restraining the Appellant from interfering into the possession of the Appellant over the suit property.

(3.) As per the averments made in the suit, the Appellant and the Respondent were co-owners in possession in equal share in the suit property. On 13.03.2002, Appellant entered into an agreement to sell the half share in the suit property in favour of Plaintiff-Respondent for a consideration of Rs. 7 lacs and received a sum of Rs. 50,000/- as earnest money. An agreement to sell was reduced into writing and the DefendantAppellant had signed the same in token of its correctness. It was agreed that the possession of the half share in the suit property shall be delivered to the Plaintiff-Respondent by the Appellant on receipt of balance sale consideration. The stipulated date for execution of the sale deed was fixed as 31.05.2002. The Plaintiff-Respondent was having necessary expenses and the balance sale consideration on the stipulated date. He submitted application before the Sub-Registrar, Barnala. The Appellant also appeared in the office of Sub-Registrar, Barnala but Respondent refused the execution of the sale deed. Hence the present suit.