RAM MEHAR Vs. SURESH KUMAR

JUDGEMENT

(1.) Plaintiff -- Ram Mehar has filed this second appeal. Plaintiff/appellant filed suit against defendant/respondent Suresh Kumar for specific performance of agreement to sell dated 20.10.1999 alleging that the defendant/respondent agreed to sell the suit land measuring 13 kanals 11 marlas to the plaintiff for total consideration of Rs. 3,30,375/- and received Rs. 1,42,000/- as earnest money and executed the aforesaid agreement. The plaintiff/appellant always remained ready and willing to perform his part of the contract, but the defendant/respondent committed breach thereof. Hence the suit.

(2.) Defendant broadly denied the plaintiff's averments and raised various other pleas.

(3.) Learned Additional Civil Judge (Senior Division), Sonepat vide judgment and decree dated 29.01.2009 instead of decreeing the suit for specific performance of the agreement, decreed the suit for recovery of Rs. 1,42,000/- (refund of earnest money) along with interest thereon @9% per annum from the date of filing of suit till recovery, holding that the agreement in question was executed as the defendant failed to repay the loan amount. First appeal preferred by the plaintiff has been dismissed by learned District Judge, Sonepat vide judgment and decree dated 09.03.2010. Feeling still aggrieved, plaintiff has filed this second appeal.