TARSEM SINGH Vs. KARAMJIT KAUR AND ORS

JUDGEMENT

(1.) Tarsem Singh defendant has filed the instant second appeal having lost in both the courts below.

(2.) Suit was filed by Gurdeep Singh (since deceased and represented by respondents as his legal representatives) against defendant-appellant alleging that the defendant agreed to sell suit land measuring 48 kanals to the plaintiff for Rs. 7,50,000/- and received Rs. 2 lacs as earnest money and executed agreement dated 19.5.2000. Sale deed was to be executed upto 15.1.2001. Accordingly, the plaintiff went to the office of Joint Sub Registrar on 15.1.2001 with requisite money but the defendant did not turn up. Plaintiff always remained ready and willing to perform his part of the contract but the defendant committed breach thereof.

(3.) Accordingly, the plaintiff filed suit for possession by way of specific performance of agreement to sell and also claimed permanent injunction and alternative relief of recovery of Rs. 4 lacs.