SAPINDER SINGH Vs. ISHAR SINGH

JUDGEMENT

(1.) This judgment shall dispose of two appeals i.e. RSA Nos.4385 of 2011 and 929 of 2012 as both these appeals have arisen out of one common judgment dated 25.4.1996 passed in one civil suit and the appeals filed by the plaintiff as well as defendant against the aforesaid judgment of the trial Court were disposed of by the First Appellate Court vide one common judgment dated 24.8.2011.

(2.) Plaintiff-Sapinder Singh filed a suit for possession by way of specific performance of an agreement dated 19.3.1990 with regard to the suit land against the defendant on payment of balance amount of Rs.32,625/- or in the alternative for recovery of Rs.1,82,125/- i.e. Rs.1,50,000/- paid as advance and Rs.32,625/- by way of compensation and for mandatory injunction for issuance of direction to the defendant to deposit the remaining instalment of amount with the Court of Collector, Agrarian, Rajpura and get the sale certificate issued in his name or in default allowing the plaintiff for depositing the balance amount of installments and get the sale certificate issued in the name of defendant.

(3.) The suit was filed on the averments that land in dispute was previously owned by Punjab Govt. and was allotted to the defendant vide Rapat No.480 dated 5.5.1981. Thus, the defendant became the owner of this land as per the aforesaid allotment and he was to deposit some of the installments which were due against him. The defendant entered into an agreement to sell with the plaintiff for sale consideration of Rs.1,82,625/- @ Rs.3750/- per bighas. The agreement was reduced into writing on 19.3.1990 and the defendant received Rs.1,50,000/- from the plaintiff as earnest money. It was agreed that the sale deed will be executed and registered by the defendant in favour of the plaintiff on or before 13.5.1993 after receiving the balance sale consideration. The possession of the land was also delivered by the defendant to the plaintiff at the time of agreement. The defendant required the consideration amount for the marriage of his daughter and for other expenses. The date for execution or registration of sale deed was fixed as 13.5.1993 due to the reason that defendant had to pay some installments with the Govt. and sale certificate was to be obtained and considerable time was required. It was further averred that on 13.5.1993, the plaintiff went to the office of Sub Registrar, Rajpura with the remaining sale consideration and money required for the expenses. He remained present in the Court of Sub Registrar, Rajpura, throughout the day but the defendant did not turn up to get the sale deed executed and registered. The plaintiff got attested an affidavit from Oath Commissioner, Rajpura to show his presence. The plaintiff always remained ready and willing to perform his part of the contract and he is still ready and willing to perform his part of the contract but the defendant did not get the sale deed executed and registered in his favour. Notice dated 14.5.1993 was also issued to the defendant in this regard. The plaintiff many times requested the defendant to get the sale deed registered in his favour but the defendant kept on putting off the matter on one pretext or the other and now he has refused to get the sale deed executed. It was further pleaded that the plaintiff had come to know that neither the defendant has paid remaining installments with the Agrarian Department nor he has got the sale certificate issued in his favour regarding the suit land and thus, direction was required to be issued to the defendant for depositing the remaining amount of installments and for getting the sale certificate issued in his name or the plaintiff may be allowed to deposit installments and get the sale certificate issued from the concerned department. It is the further case of the plaintiff that in case specific performance of the contract is not possible, he was entitled to a decree for recovery of Rs.1,82,625/- . Hence, the suit.