SARITA DEVI Vs. SULTAN SINGH

JUDGEMENT

(1.) The hearing of the case was held through video conference on account of restricted functioning of the Courts.

(2.) Defendant No.1 is the appellant. She assails the correcteness of the judgments and decrees passed by the courts below. The plaintiff late Sh. Sultan Singh filed a suit for specific performance of the agreement to sell dated 28/3/2003 executed by late Smt. Bimla Devi (the predecessor in interest of the defendants). As per the agreement to sell, House No.129/P-8 measuring 125 sq. yards, situated in Shanti Nagar, Nilokheri, District Karnal was agreed to be sold for total sale consideration of Rs.3,51,000.00. As per the agreement, on receipt of the entire sale consideration, late Smt. Bimla Devi while executing the written agreement to sell in the presence of the marginal witnesses also delivered the possession of the house. She also executed a registered Will in favour of the plaintiff on 28/3/2003 as also a General Power of Attorney in favour of Smt. Shugni Devi, the mother of Sultan Singh-the plaintiff which was subsequently registered on 17/4/2003.

(3.) After the death of late Smt. Bimla Devi on 27/8/2006, the plaintiff requested the defendants to come forward for execution and registration of the sale deed. Since there was no response, therefore, before filing the suit, a notice dated 24/10/2009 was sent to the defendants to come to the office of Sub-Registrar on 9/11/2009, for registration of the sale deed. However, the defendants did not come present whereas the plaintiff remained present in the office of Sub-Registrar on 9/11/2009. Hence, the suit was filed.