RAM SINGH Vs. RAM SARUP

JUDGEMENT

(1.) This is second appeal by Ram Singh plaintiff. Appellant filed suit against defendant Ram Sarup for possession of suit land by way of specific performance of agreement to sell dated 30.5.2005 regarding 5 kanals land in suit along with relief of permanent injunction. The plaintiff alleged that the defendant agreed to sell the suit land to the plaintiff at the rate of Rs 1,75,000.00 per acre and received Rs 40,000.00 as earnest money at the time of agreement dated 30.5.2005. Sale deed was stipulated to be executed on 30.10.2005. However, since it was Sunday on 30.10.2005 and Saturday on 29.10.2005, both being holidays, the plaintiff remained present in the office of Sub Registrar on 28.10.2005 as well as on 31.10.2005 to get the sale deed executed and registered in terms of the agreement but the defendant failed to turn up. The plaintiff also served notice dated 8.12.2005 on the defendant but it did not evoke any response from the defendant. The defendant thus committed breach of the agreement. The defendant, inter alia, pleaded that there was separate oral agreement between the parties to the effect that price of the land shall be Rs 4,80,000.00 per acre and separate sale consideration of Rs 1,60,000.00 for the construction existing in the suit land. The impugned agreement was obtained by fraud by the plaintiff. The defendant stated that on 31.10.2005 both the parties were present in the office of Sub Registrar but there was dispute regarding the quantum of sale consideration. The defendant also got his presence recorded. The defendant is still ready and willing to execute the sale deed for the aforesaid consideration as pleaded by the defendant.

(2.) Learned Civil Judge (Junior Division), Hisar vide judgment and decree dated 7.2.2008 decreed the plaintiff's suit. However, learned District Judge, Hisar vide impugned judgment and decree dated 3.3.2009 passed in first appeal preferred by the defendant modified judgment and decree of the trial court and decreed the plaintiff's suit for recovery of Rs 80,000.00 with interest at the rate of 9% per annum from the date of institution of suit till recovery. Feeling aggrieved, the plaintiff has preferred the instant second appeal.

(3.) I have heard learned counsel for the parties and perused the case file.