PARDEEP GREWAL Vs. JAI KISHAN AND ORS

JUDGEMENT

(1.) By this common order, I am disposing of two second appeals i.e. RSA No. 3838 of 2009 and RSA No. 3839 of 2009 as common questions of law and facts are involved in both the appeals and parties are also same except that Shyamwati who is respondent No. 5 in RSA No. 3838 of 2009 is not party in RSA No. 3839 of 2009.

(2.) Both the appeals have been preferred by plaintiff Pardeep Grewal in two separate suits filed by him. He was successful in the trial court but has been non-suited by the lower appellate court.

(3.) Plaintiff's case is that defendants entered into two agreements dated 6.1.2001 thereby agreeing to sell suit land measuring 2 kanals 8 marlas involved in one suit and suit land measuring 5 marlas involved in other suit @ Rs 38 lacs per acre. The plaintiff paid Rs 1,17,000/- as earnest money by one agreement and Rs 10,000/- as earnest money by second agreement. Sale deeds were to be executed on or before 5.9.2001. Prior to it, defendants were to get income tax clearance certificate and were also to get suit land partitioned as it was share in joint land. Plaintiff's case is that he always remained willing and ready to perform his part of the contract and attended the office of Sub Registrar on 5.9.2001, the date fixed in the agreements for execution of the sale deeds, but the defendants did not turn up and the defendants committed breach of the agreements. In spite of notice served by the plaintiff, the defendants failed to execute the sale deeds as per agreements. The plaintiff accordingly sought decree for possession of the suit land by specific performance of the agreements.