DIDAR SINGH Vs. NASIB KAUR

JUDGEMENT

(1.) There is delay of three days in re-filing the appeal. The same stands condoned on the grounds mentioned in the application.

(2.) The case of the plaintiff as set forth in the plaint is that Didar Singh defendant entered into an agreement to sell dated 28.3.2005 in favour of Ajit Singh in respect of land measuring six marlas, which is 1/7th share of land comprised of khewat/khata No. 300/417 Khasra No. 28//5/2(2-2) according to jamabandi for the year 2002-2003 as fully described in the heading of the plaint. The total consideration was fixed as Rs. 2,04000/- at the rate of Rs. 34,000/- per marla. Defendants received Rs. 50,000/- as earnest money from the plaintiff. The sale deed was to be executed after the demarcation of the land. It was agreed between the parties that defendant would pay double of the amount of earnest money to the plaintiff in case he failed to get the sale deed executed.

(3.) A further sum of Rs. 50,000/- was paid to the defendant by the plaintiff and an endorsement dated 14.6.2005 was executed on the back of the agreement. The plaintiff paid the entire balance sale consideration of Rs. 2,04000/- to the defendant and endorsement dated 1.9.2005 was executed on the back of the agreement. Possession of the land was also delivered to the plaintiff and it was agreed that plaintiff will be at liberty to get the sale deed executed from the defendant at any time. It is further alleged that in the first week of November 2005, the plaintiff went to the house of the defendant and asked him to execute the sale deed as per agreement and the endorsements made thereon however, the defendant promised to get the sale deed executed after ten days. On 12.11.2005, the plaintiff received notice dated 10.11.2005 from the defendant through counsel in which he admitted the execution of the agreement and endorsements made thereon as well as receipt of earnest money of Rs. one lac., but denied the receipt of Rs. 1,04,000/-. The defendant threatened to alienate the suit property, hence the suit.