LAWS(P&H)-2022-12-166

GURBACHAN SINGH Vs. BODH RAJ

Decided On December 20, 2022
GURBACHAN SINGH Appellant
V/S
BODH RAJ Respondents

JUDGEMENT

(1.) The defendants assail the correctness of the concurrent findings of fact arrived at by the Courts. While admitting the appeal on 29/1/2019, the following substantial questions of law were identified:-

(2.) The correctness of the agreement to sell executed by late Sh.Gurbachan Singh in favour of Sh.Bodh Raj (the plaintiff) on 7/4/2011 with respect to the land measuring 3 kanals and 131/2 marlas on receipt of Rs.5,00,000.00 as earnest money out of the total sale consideration of Rs.40,45,468.00 is not disputed between the parties. As per the agreement, the sale deed was to be executed on 31/5/2011 after receiving the balance sale consideration. The plaintiff (Sh.Bodh Raj) claims that on the issuance of a receipt by late Sh. Gurbachan Singh and his wife, he paid an additional amount of Rs.15,00,000.00 on 23/5/2011. The plaintiff on 20/5/2011 filed a suit for grant of decree of permanent injunction alleging that the defendant No.1 intends to transfer the said property. In fact, the defendant No.1 did transfer the property in favour of his two sons (defendant No.2 and 3) on 27/5/2011. The plaintiff attended the office of the Sub Registrar in order to prove that he was ready and willing to perform his part of the contract. He got his affidavit attested. Thereafter, he filed the suit for possession by way of specific performance of the agreement to sell on 14/6/2016. The defendants, while contesting the suit, stated that the plaintiff could not arrange the funds and came to their home on 31/5/2011 and obtained thumb impressions of late Sh.Gurbachan Singh on certain papers.

(3.) On appreciation of the pleadings, the trial Court framed the issues and permitted the parties to lead evidence. Both the Courts below have concurrently found that the plaintiff was always ready and willing to perform his part of the agreement and it was late Sh.Gurbachan Singh who defaulted in performance of the contract.