BALWINDER SARPAL Vs. RAM KUMAR BANSAL

JUDGEMENT

(1.) By way of present appeal, challenge has been made to the judgment and decree dtd. 11/10/2018 passed by the Court of learned District Judge, Ambala, reversing the judgment and decree 2/5/2016 passed by the Court of Civil Judge (Jr. Divn.), Ambala, thereby passing a decree for possession by way of specific performance in favour of respondent-plaintiff.

(2.) Facts leading to the present case are that based on an agreement to sell dated 05.04 2006 regarding suit property i.e. House No.56/8-C situated in Ram Nagar, Ambala Cantt, respondent filed a suit for possession by way of specific performance with the averments that the total sale consideration was Rs.7.00 Lakhs, out of which Rs.1.00 lakh was paid as earnest money and the date for execution of the sale deed was fixed as 5/7/2006 along with payment of the balance sale consideration. It was also pleaded that on the target date, respondent No.l appeared before the office of Sub-Registrar, Ambala Cantt., for the purpose of execution/registration of sale deed being ready with the sale consideration, however, the appellants herein did not appear before the Sub-Registrar and as such, sale deed could not be executed in favour of respondent, compelling him to file a suit for possession by way of specific performance besides praying for grant of decree for permanent injunction as well.

(3.) Upon notice, appellants appeared and filed their written statement admitting the factum of execution of the agreement in question besides even admitting the payment of a sum of Rs.2.00 Lakhs. However, the prayer made in the suit was opposed on the ground that respondent/plaintiff was not ready and willing to perform his part of the agreement in question. It was also pleaded that by virtue of notice dtd. 10/7/2006, the agreement in question stood cancelled followed by forfeiture of earnest money.