OMBIR Vs. RAM KUMAR

JUDGEMENT

(1.) This is an appeal directed by plaintiff/appellant against the judgment and decree dated 10.10.2011 passed by Shri R.C.Godara, District Judge, Yamuna Nagar at Jagadhri and the judgment and decree dated 15.12.2009 passed by Shri Vijay Singh, Civil Judge (Senior Division), Yamuna Nagar at Jagadhri.

(2.) The plaintiff now appellant filed suit for symbolic possession by way of decree of specific performance in respect of agreement to sell dated 2.4.1999 in respect of land measuring 8 marlas as fully described in the heading of the plaint. It is pleaded that defendant entered into an agreement dated 2.4.1999 in respect of land measuring 8 marlas fully described in the head note of the plaint in favour of the plaintiff. A total sale consideration was fixed as Rs.64,000/- as per the said agreement dated 2.4.1999. Out of that sale consideration a sum of Rs.30,000/- was paid by the plaintiff to the defendant. At the time of execution of agreement the land was already mortgaged to the Central Cooperative Bank Ltd., Yamuna Nagar and it was agreed to be redeemed by 30.12.1999 and thereafter the sale deed was to be executed and in default double of the amount was required to be repaid. The land could not be redeemed upto 30.12.1999 and as such on 27.3.2000, defendant demanded a sum of Rs.30,000/- more and the target date for the execution registration of the sale deed was fixed 31.12.2002 and only a sum of Rs.4,000/- was to be paid. The defendant delivered the physical possession and since then plaintiff is in possession of the suit property. On 30.12.2002 and on 2.1.2003, the plaintiff appeared before the Sub Registrar along with the balance sale consideration and expenses for registration but the defendant did not turn up.

(3.) The plaintiff has been ready and willing to perform his part of the contract. Hence the suit.