THAKUR DASS ADLAKHA Vs. RAJESH KUMAR

JUDGEMENT

(1.) This is defendant's second appeal challenging the judgment and decree of the trial Court dated 17.12.2011 whereby suit of the plaintiff-respondent for specific performance of the agreement to sell has been decreed with costs and the judgment and decree dated 7.1.2013 of the First Appellate Court dismissing the appeal of the defendant-appellant against the aforesaid judgment and decree of the trial Court.

(2.) Respondent filed a suit seeking a decree for possession by way of specific performance of the agreement to sell dated 4.4.2003 whereby the appellant had agreed to sell the plot in question for a sale consideration of Rs.1,20,000/- and received a sum of Rs.1,00,000/- as earnest money of the sale consideration and executed receipt thereof in presence of witnesses. As per the terms and conditions of the agreement to sell, appellant agreed to execute sale deed by 3.10.2003 on receipt of balance amount of Rs.20,000/-.

(3.) The plaintiff-respondent remained present in the office of Joint Sub Registrar, Faridabad on the stipulated date along with balance sale consideration and other expenses of registration of sale deed but appellant did not turn up. Thereafter also plaintiff- respondent approached the appellant several times for getting the sale deed executed but in vain. Thereafter, plaintiff-respondent got issued a legal notice to him on 21.5.2005 which was not even replied. Thus necessity arose to file the present suit.