GURNAM SINGH & ORS Vs. PAWAN KUMAR

JUDGEMENT

(1.) The appellants herein (the legal heirs of Kartar Singh-defendant) have filed the instant appeal challenging the judgments and decrees of the Courts below whereby suit for possession of plaintiff-respondent by way of specific performance of the agreement to sell dated 28.5.1998, has been decreed.

(2.) As per the averments made in the suit, defendant-Kartar Singh agreed to sell the land in question measuring 4 bighas 5 biswas as detailed in the head note of the suit in favour of the plaintiff-respondent on 28.5.1998 for a sum of Rs.3 lacs and executed the agreement to sell and received a sum of Rs.1,50,000/- as earnest money. The sale deed was to be executed and registered on or before 31.12.1998. However, on 20.12.1998, the said date was extended upto 27.7.2000. On the said date, the plaintiff-respondent reached the office of Sub Registrar, Dera Bassi along with balance sale consideration and waited for the defendant-Kartar Singh who did not turn up. Thereafter, the plaintiff-respondent got his presence marked and got an affidavit attested to that effect. The plaintiff was ready and willing to get the sale deed executed. He also got a notice issued to the defendant and he further requested the defendant to get the sale deed executed but to no effect. Thus, the necessity arose to file the instant suit.

(3.) Upon notice, the defendant filed the written statement submitting that he never agreed to sell the suit land vide agreement dated 28.5.1998. He did not receive any earnest money of Rs.1,50,000/- from the plaintiff, as alleged. Thus, there was no question of going to the office of Sub Registrar Dera Bassi on 27.7.2000 as no agreement was executed by him in favour of the plaintiff-responent. Receipt of notice was also denied. It was further stated that the rate of suit land was Rs.10,00,000/- per acre whereas the alleged agreement has been shown to be executed as total sale consideration strangely for Rs.3,00,000/- only.