JAGIR SINGH Vs. RAVAIL SINGH

JUDGEMENT

(1.) This is defendant's second appeal challenging the judgments and decrees of the courts below, whereby suit for possession of the plaintiff-respondent by way of specific performance of the agreement to sell in question on payment of balance sale consideration has been decreed by the trial Court vide its judgment and decree dated 08.03.2010 and further the appeal against the aforesaid judgment and decree of the trial Court has been dismissed by the first appellate Court vide its judgment and decree dated 03.12.2010.

(2.) As per the averments made in the suit, the appellant, being owner of 24 Kanals of land in dispute, entered into an agreement to sell the same in favour of plaintiff-respondent @ Rs. 2.00 lakh per acre and received a sum of Rs. 4,50,000 as earnest money and executed the agreement to sell in question in the presence of witnesses. The sale deed was to be executed on or before 30.06.2002 after receiving the balance sale consideration of Rs. 1.50 lakh. The plaintiff-respondent has been ready and willing to perform his part of the agreement and he remained present in the office of Sub Registrar, Chhabbal on the stipulated date but the office of Sub Registrar, Chhabbal was closed on that day on account of holiday. He sent a message to the appellant to come present in the office of Sub Registrar on the next day i.e. 01.07.2002 and remained present there along with Nambardar Kartar Singh with sufficient amount to meet the balance sale consideration and other miscellaneous expenses but the appellant did not turn up.

(3.) Hence the suit.