SOHAN LAL Vs. SHAM SUNDER

JUDGEMENT

(1.) CM-13058 of 2019

(2.) Brief factual matrix, as has been noticed by the first Appellate Court in para No.2 of the impugned judgment.

(3.) Plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 09.06.2004. It was claimed that Sohan Lal owner of shop bearing MC No. 291/7 situated in Ward No.7, Kainaur Road, Morinda (suit property) initially entered into oral agreement to sell the shop to the plaintiff for Rs.12,12,500/- in the presence of Gurnath Singh, Harjit Singh and Mahesh Kumar. Sohan Lal received Rs.2 lacs as earnest money. Remaining sale consideration of Rs.10,12,500/- was to be paid on 14.07.2003. In the meanwhile, a partition suit had been filed by Ratan Lal, wherein the shop in question was subject matter of partition. Defendant Sohan Lal and the plaintiff executed agreement dated 09.06.2004 with the condition that both the parties will abide the decision of the Court in partition suit and defendant will execute the sale deed of the suit property within 15 days of the decision of partition suit. It was the case of the plaintiff that despite decision of the partition suit, the defendant failed to execute the sale-deed, as agreed.