MOOL CHAND MUNDHRA Vs. SMT. INDU BALA

JUDGEMENT

(1.) Defendant-appellant Mool Chand Mundhra having lost in both the courts below has filed the instant second appeal.

(2.) Respondent-plaintiff Indu Bala filed suit for specific performance of agreement to sell dated 10.08.2002 alleging mat the defendant agreed to sell the suit property to the plaintiff for Rs. 8,00,000/- and received Rs. 7,00,OOO/- as earnest money and executed the aforesaid agreement. Possession of the suit property was also handed over to the plaintiff. Sale deed was to be executed up to 09.02.2003. Accordingly, the plaintiff remained present in the office of Sub Registrar on 09.02.2003 for getting the sale deed executed in terms of the agreement, but the defendant did not turn up. The plaintiff approached the defendant for execution of the sale deed in terms of the agreement, but the defendant expressed inability to clear the bank loan, which had been taken by him against the suit property. Time was accordingly extended up to 01.07.2005, but again the defendant expressed inability to clear the bank loan and to execute the sale deed. Notice dated 18.07.2005 sent by the plaintiff to the defendant to execute the sale deed in terms of die agreement also remained futile. The plaintiff always remained ready and willing to perform her part of the contract, but the defendant committed breach thereof, necessitating the filing of the instant suit.

(3.) The defendant broadly denied the plaint allegations. The defendant denied having executed any agreement or having received earnest money of Rs. 7,00,000/-. It was pleaded that agreement was got prepared along with receipt, but amount was not paid by the plaintiff to the defendant and accordingly, the defendant cancelled the agreement Consequently, the agreement cannot be enforced specifically. It was also pleaded that defendant had rented out the suit property to the plaintiff through her husband. Various other pleas were also raised.