GURDEEP SINGH Vs. KULJINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment & decree dated 06.05.2010 passed by the District Judge, Bathinda, accepting the appeal preferred by the plaintiff-respondent (hereinafter referred as 'the plaintiff') against the judgment and decree dated 02.12.2009 passed by the Civil Judge (Senior Division), Bathinda, partly decreeing the suit of the plaintiff for specific performance of contract and granting alternative relief for recovery of Rs. 1,10,000/- (i.e. earnest money) along with interest at the rate of 9% per annum from the date of payment till the date of actual realization.

(2.) Factual background of the case is that on 19.09.2002, the defendant being owner of the land measuring 5 Kanals 9 Marlas, as fully detailed in the head note of the plaint, agreed to sell the same in favour of the plaintiff for a sum of Rs. 1,36,250/- i.e. at the rate of Rs. 2,00,000/- per acre and executed an agreement to sell in this regard. The defendant also received a sum of Rs. 1,10,000/- as earnest money from the plaintiff. The sale deed was to be executed on or before 15.06.2003. However, on 12.06.2003, the date for execution of the sale deed was extended up to 02.07.2003 with mutual consent of the parties. On 02.07.2003, the plaintiff, along with the balance sale consideration and other expenses, had visited the office of Sub Registrar, Bathinda, in order to execute the sale deed, but the defendant failed to turn up. The plaintiff got his presence marked by moving an application before the Sub Registrar. Thereafter, plaintiff served a notice dated 22.08.2003 upon the defendant through his counsel, asking him to execute the sale deed, but the defendant failed to come forward. It was also averred that the plaintiff had always been remained ready and willing to perform his part of the agreement.

(3.) Upon notice, the suit was contested by the defendant by filing the written statement, in which, he denied having agreed to sell the suit land in favour of the plaintiff. It was alleged that the agreement of sale in question was the result of fraud, forgery, fabrication and cheating made with the defendant in connivance with the scribe and the marginal witnesses of the agreement. Receipt of earnest money amounting to Rs. 1,10,000/- from the plaintiff was denied. It was also denied that the date of execution of the sale deed was extended. The defendant had also raised legal objections regarding maintainability of the suit, locus standi and cause of action for filing the suit.