SARDUL SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) PLAINTIFF had filed a suit for specific performance of agreement to sell dated 27.5.2002.

(2.) THE case of the Plaintiff in brief was that the Defendant had executed the agreement to sell in question on 27.5.2002 for a consideration of '. 5,82,000/ -. Defendant had received '. 50,000/ - towards the earnest money. Defendant had also agreed that he would get the correction in the Jamabandi and thereafter, the Plaintiff would be entitled to get the sale deed registered of lesser land out of his share in the land bearing Khewat No. 138, Khatoni No. 187 to 194 situated in the village Golewala. Possession of the property, agreed to be sold, was to be handed over to the Plaintiff at the time of execution of the sale deed. Plaintiff had always remained ready and willing to perform his part of the contract but the Defendant had failed to perform his part of the contract.

(3.) ON the pleadings of the parties, following issues were framed by the trial Court: