MUKESH YADAV Vs. YADVENDER SINGH

JUDGEMENT

(1.) This is the second appeal filed by the defendant in the original suit, challenging the concurrent judgments and decrees passed by the Courts below, whereby the suit filed by the plaintiff for recovery of earnest money paid in an agreement to sell; along with interest, has been decreed.

(2.) The parties herein would be referred to as the plaintiff and defendant as they were described in the suit.

(3.) The brief facts giving rise to the present appeal are that the plaintiff had filed a suit stating therein that the defendant had entered into an agreement to sell dated 13.12.2011 with him. The agreement was qua sale of two shops. The plaintiff had paid an amount of Rs. 10,50,000/- to the defendant as earnest money. The target date for execution of the sale deed was fixed to be 15.02.2012. On the target date, the plaintiff attended the Office of the Sub-Registrar; along-with balance sale consideration. However, the defendant did not turn up. Thereafter, the plaintiff got his presence marked before the Sub-Registrar. To ensure that the sale deed is executed, the plaintiff had even got issued a notice dated 22.02.2012 to the defendant for this purpose. On receipt of the notice, the defendant met the plaintiff and told him that her husband was ill and that she be granted some more time for registration of the sale deed. Even as per the date fixed in the notice, the plaintiff again appeared before the Sub-Registrar on 21.03.2012; and also got marked his presence there. The plaintiff had always been ready and willing to get the sale deed executed. However, the defendant did not execute the sale deed in favour of the plaintiff. Later on, the plaintiff came to know that the defendant had already sold the shops in question; even before entering into agreement with the plaintiff. Hence, the agreement stood frustrated, being fraudulent. Accordingly, the plaintiff filed the suit for recovery of the earnest money along with interest, total of which was quantified to be Rs. 14,28,000/-.