RICHHPAL SINGH Vs. SANDHURA SINGH

JUDGEMENT

(1.) Suit for possession by way of specific performance of agreement to sell dated 20.2.2006 filed by the appellant stands dismissed by both the Courts below. Hence, the present appeal by him under Section 100 of the Code of Civil Procedure.

(2.) The case, as set up by the appellant while filing the suit was that the defendant-respondent, who was having 1/4th share in land measuring 150 kanals 2 marlas situated in village Dher, Tehsil Tohana, District Fatehabad, agreed to sell his share of the land measuirng 37 kanals 10 marlas to the appellant on 20.2.2006 at the rate of Rs.5,00,000/- per acre. At the time of agreement to sell, the respondent received a sum of Rs.20,00,000/- as earnest money in the presence of the witnesses. The sale deed was to be executed by the respondent on 25.4.2006 after receiving remaining sale consideration. On the stipulated date, the appellant remained present in the office of Sub Registrar alongwith sufficient amount but the respondent failed to turn up. Accordingly, it was prayed that the possession of the suit land be given by way of specific performance of agreement to sell dated 20.2.2006.

(3.) The respondent opposed the suit wherein he denied ever agreeing to sell the suit property in favour of the appellant. He also denied that he had received an amount of Rs.20,00,000/- as earnest money or executed any agreement to sell. According to him, there was a dispute going on between him and Thakar Singh, father of the appellant for the last more than three years.