BALJIT SINGH Vs. CHARANJIT KAUR

JUDGEMENT

(1.) Defendant Baljit Singh having remained unsuccessful in both the courts below has filed the instant second appeal.

(2.) Respondent-Plaintiff Charanjit Kaur filed suit against Defendant-Appellant for possession of suit land by specific performance of the agreement to sell dated 28.11.2001. The Plaintiff alleged that the Defendant agreed to sell suit property to the Plaintiff for Rs. 16,53,136.50 and received Rs. 3 lacs as earnest money and executed the aforesaid agreement. Sale deed was to be executed upto 10.5.2002, but date for execution of the sale deed was extended to 30.5.2002 and then to 19.8.2002 by making endorsements on the back of the agreement. Accordingly on 19.8.2002, the Plaintiff after intimating the Defendant went to the office of Sub Registrar for getting sale deed executed in terms of the agreement to sell but the Defendant did not turn up.

(3.) The Defendant admitted execution of the agreement and receipt of Rs. 3 lacs as earnest money. However, Defendant denied that date for execution of the sale deed was extended mutually or on account of illness of the Defendant's wife. On the other hand, it was pleaded that the Plaintiff could not get the sale deed executed as she could not arrange balance sale consideration inspite of getting date extended twice. Defendant was always ready and willing to execute the sale deed in terms of the agreement. He also remained present in the office of Sub Registrar to execute the sale deed. However, Plaintiff told the Defendant on telephone that the Plaintiffs husband had gone to Dehradun to arrange money but the Plaintiff did not turn up. Thus, the earnest money stood forfeited.