KAMLESH Vs. SUMER KHAN @ SUMERA AND ORS

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiff is directed against the judgments and decrees dated 21.1.2000 and 21.10.2008 passed respectively by the Additional Civil Judge (Senior Division), Mobile Court at Punhana (referred to hereinafter as the trial Court') and the Additional District Judge, Nuh (described as the first appellate Court'), whereby the suit filed by the plaintiff/appellant was partly decreed and her appeal was dismissed.

(2.) The plaintiff-appellant filed a suit for specific performance seeking enforcement of an agreement to sell dated 17.04.1996, which was executed for the sale of the suit property for a total consideration of Rs. 3,80,000/- out of which Rs. 1,10,000/- were paid as earnest money. The sale deed was to be executed on 30.5.1996.

(3.) It is the case of the appellant that on 30.5.1996, she along with her husband was present before the office of Sub Registrar. The respondents also came present. But since the sale deed could not be executed, they agreed to get it executed at a subsequent date. The suit was filed on 4.1.1999 seeking the aforesaid relief.