NATHI SINGH Vs. JITENDER DUTT

JUDGEMENT

(1.) Petitioner (judgment debtor) has challenged the order dtd. 12/5/2022 (Annexure P-8) passed by Additional Civil Judge (Senior Division) Kurukshetra in execution petition No.2/2018, whereby his application for dismissal of execution petition and rescinding the contract was dismissed.

(2.) Briefly, the facts of the case are that the plaintiff (respondent) brought a suit for specific performance of contract dtd. 7/11/2006 executed by defendant, whereby he agreed to sell his land measuring 13 kanals 11 marlas, being 1/4th share of the total land measuring 54 kanals 3 marlas comprised in khewat No.51, khatoni No.109, kittas 10 as per jamabandi for the year 2001-2002 with tubewell, situated at village Lohara, Teshil Thanesar, Sub Tehsil Ladwa, District Kurukshetra for a total sale consideration of Rs.10.00 lacs. Pursuant to this agreement, plaintiff had paid a sum of Rs.5.00 lacs to the vendor as earnest money, and they agreed to execute the sale deed on 20/2/2007, however, in the event of failure on the part of the defendant, he agreed to return double the amount of earnest money to the plaintiff. As per the plaintiff, he was throughout ready and willing to perform his part of the contract, but defendant failed to keep his words, who also threatened to alienate the suit property, thereby compelling the plaintiff to seek decree for permanent injunction.

(3.) During pendency of the said suit, the material date of execution of registration of sale deed i.e.20/2/2007 expired, therefore, the suit for injunction was withdrawn, and the present suit for possession by way of specific performance of contract was filed.