RAMBIR Vs. SURJAN

JUDGEMENT

(1.) Civil Judge (Senior Division) Faridabad vide judgment dated 13.04.2010 had decreed the suit of the plaintiff/respondent (herein referred as the plaintiff) for specific performance of the contract against the defendant/appellant (herein referred as the defendant). '

(2.) Appeal preferred, against the said judgment, was dismissed on 18.11.2010.

(3.) The plaintiff had sought relief for specific performance of the contract executed by the defendant on 9.01.2004 vide which the defendant after receiving a sum of Rs.65,000/- as earnest money out of total consideration of Rs.85,000/- for the purchase of 3 kanals 10 marlas of land agreed to execute the sale deed on or before 9.7.2004 on payment of remaining sale consideration. Plaintiff had always been ready and willing to perform his part of the contract, whereas the defendant failed to comply with the terms of the agreement. While claiming decree for specific performance, the plaintiff sought to grant decree for recovery of Rs.65,000/- along with interest at the rate of 12 per cent per annum on account of damages in the alternative.