SURTA Vs. DHARAM KAUR

JUDGEMENT

(1.) This is a defendant's second appeal. Dharam Kaur, plaintiff, filed a suit for specific performance of the agreement dated 16.1.1986 on the allegation that defendant agreed to sell the land measuring 19 kanals 17 marlas for Rs. 75,000/- and a sum of Rs. 20,000/- was paid as earnest money at the time of execution of the agreement. The sale-deed was to be executed by 15.6.1986 on receipt of the remaining amount of sale consideration. The plaintiff was ready and willing to perform her part of the contract and she tendered the balance amount of sale consideration to the defendant for getting the sale-deed executed and registered but the defendant refused to do so. The plaintiff further alleged that a notice dated 16.6.1986 was sent to the defendant but he refused to receive the same. Hence the suit.

(2.) The defendant contested the suit by filing written statement and controverting all the allegations made in the plaint. The case set up by the defendant was that he did not receive any amount nor he agreed to sell the land. Execution of the agreement was denied. It was stated by him that the plaintiff had asked the defendant only to execute a Pattanama and there was no question of agreement to sell. Defendant further stated that no notice had been served upon him and the question of executing the sale-deed in favour of plaintiff did not arise.

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