SOM NATH Vs. BHUPINDER KAUR @ BINDER KAUR

JUDGEMENT

(1.) The unsuccessful defendant in a suit for specific performance of the agreement for sale having suffered a decree therefor before both the Courts below, has preferred the present appeal.

(2.) Plaintiffs have contended in the plaint that the defendant entered into agreement for sale vide agreement dated 5.4.2004 with the plaintiffs agreeing to sell the suit property at the rate of Rs. 4 lacs per 4 Bighas 16 Biswas. A sum of Rs.3,00,000/- was also paid as an earnest money at the time of execution of the agreement for sale. The sale-deed was to be executed on or before 5.7.2004 after payment of the balance sale consideration of Rs.7,41,000/- as per terms of the agreement. Contending that the plaintiffs were ready and willing to purchase the suit property for paying the balance consideration but the defendant never visited the Sub Registrar's office on 5.7.2004 for execution of the sale-deed, the plaintiffs sought for the relief as stated supra.

(3.) Defendant admitted the execution of the agreement for sale and the time frame fixed for execution of the sale-deed on receipt of balance sale consideration of Rs.7,41,000/- in the written statement but it was contended that Gurnam Singh, representative of the plaintiffs, came to the shop of the defendant on 3.7.2004 and sought for extension of time for execution of the sale-deed on the pretext that the plaintiffs were not ready with the balance sale consideration. Refusing to accede to such a request, the defendant proceeded to the office of the Sub Registrar, Mohali, on 5.7.2004 for execution of the sale-deed. Plaintiffs came along with Gurnam Singh to the office of Sub Registrar, Mohali, and sought for extension of time for execution of the saledeed. Defendant refused to grant any extension of time. Contending that the plaintiffs were not ready and willing to perform their part of the contract, the defendant sought for dismissal of the suit.