TARLOK SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Challenge in this appeal is the judgment and decree dated 27.2.2010 passed by Mrs. Harpreet Kaur Jeewan, Additional District Judge, Patiala vide which the appeal preferred by the defendant/appellant was partly accepted against the judgment and decree dated 22.5.2004 passed by Shri Harbans Singh Lekhi, learned Civil Judge ( Junior Division ), Samana.

(2.) Briefly stated the facts of the case are that Gurcharan Singh filed a suit for specific performance in the alternative suit for recovery and permanent injunction. It is alleged that the defendant is the owner of the house described in the heading of the plaint and he executed agreement dated 29.1.1998 to sell his house for a consideration of Rs.85,000/- and Rs.70,000/- were taken at the time of execution of the said agreement. The sale deed was to be executed on 30.1.2001. On 30.1.2001, the plaintiff remained in the office of Sub Registrar, Samana and the defendants have not approached the office of Sub Registrar. On 6.2.2001 legal notice was sent. The plaintiff has been ready and willing to perform his part of the contract and is still ready and willing to perform his part of the contract.

(3.) On put to notice, defendant filed written statement, taking preliminary objections that the suit is not maintainable and the same is false, frivolous and vexatious and is time barred.