BASANT RAM Vs. SUKHBIR SINGH

JUDGEMENT

(1.) The defendants in a suit for possession by way of specific performance of the agreement to sell assail the concurrent findings of fact arrived at by the Courts below while decreeing the suit. The plaintiffs filed the suit claiming that the defendants have entered into an agreement to sell with respect to the property bearing No.38-A, Rani Ka Bagh, Amritsar, measuring 513.33 square yards on 14/4/2007, for a total sale consideration of Rs.1,25,76,585.00. As per the agreement to sell which is in writing signed by the parties, earnest money to the tune of Rs.25,00,000.00 was paid and the sale deed was to be executed and registered on or before 16/8/2007. The plaintiff No.1 visited the office of the Sub-Registrar, however, the defendants did not come forward. He got an affidavit attested from the SubRegistrar in order to prove his presence. It was stated in the affidavit that he is prepared to execute the sale deed on payment of balance amount.

(2.) Subsequently, it came to the notice that the alienation of the property has been stayed in a suit filed by Sh. Harjeet Singh, who claim an oral agreement to sell by the defendants. After some time, the order of injunction was modified, however, it was vacated only on 6/6/2008 by the First Appellate Court.

(3.) The plaintiff, thereafter, served a notice to the defendants to perform their part of the contract. In fact, one of the defendants Ms. Sweeti Bains on receipt of Rs.9,00,000.00 executed irrevocable power of attorney and other documents in favour of Sh. Anoop Singh, one of the plaintiffs. The defendants rather than replying to the notice dtd. 1/4/2010, filed a caveat. The plaintiff filed the suit claiming that he was always ready and willing to perform their part of the contract. The defendants No.1 to 4 denied execution of the agreement to sell and claim that the plaintiffs have committed a fraud. The defendant No.5 (Ms. Sweeti Bains) while filing a separate written statement, denied the execution of the General Power of Attorney, Special Power of Attorney and the Will. On appreciation of evidence, the Courts have decreed the suit.