DINA NATH BHANDARI Vs. PARKASH CHAND JAIN

JUDGEMENT

(1.) ON 11th February, 1964, Dina Nath resident of Ferozepur agreed to sell his two -storeyed shop, situate in Ludhiana City to Parkash Chand of Ludhiana, for Rs. 14,000/ - and Rs. 4,000/ - were received as earnest money. The sale -deed had to be executed and registered within a week from that date. If Dina Nath made a default, he was bound to return the earnest money and also pay Rs. 4000/ - as liquidated damages on account of breach of contract. On the other hand, if Parkash Chand did not stick to the bargain, his earnest money was liable to be forfeited. The expenses of execution and registration of the sale -deed had to be paid by Parkash Chand. In July, 1964, Parkash Chand brought a suit against Dina Nath for specific performance of this agreement and in the alternative, a decree for Rs. 8,000/ -, Rs. 4000/ - as the earnest money and the remaining Rs. 4,000/ - as Liquidated damages. His allegations were that while he was always ready and willing to perform his part of the contract, the defendant was not prepared to do so and the latter was, therefore, guilty of breach of contract.

(2.) THE suit was contested on a number of pleas. The execution of the agreement dated 11th February, 1964, was denied. It was said that the agreement was the result of misrepresentation, fraud, undue influence and under pressure and, therefore, the same was not binding on the defendant. It was further said that Rs. 4,000/ - by way of earnest money, were not received. It was pleaded that it was the plaintiff, who was not willing and ready to perform his part of the contract and, consequently, he was not entitled to the specific performance of the agreement.

(3.) WHETHER the plaintiff has been ready and willing to perform his part of agreement?