HARJINDER SINGH Vs. MILKHA SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for possession by way of specific performance of the agreement to sell dated 2.7.2002 was dismissed.

(2.) As per the averments, respondent No.1 entered into an agreement to sell dated 18.12.2001 in favour of the plaintiff-appellant of the suit property for a total sale consideration of Rs.29,80,000/- and the sale deed was to be executed on or before 15.7.2002. An amount of Rs.4,00,000/- was paid by the plaintiff-appellant to defendant-respondent No.1 as earnest money i.e. Rs.2 lacs in cash and Rs.2 lacs by way of cheque dated 2.7.2002 and the remaining sale consideration was to be paid at the time of execution and registration of the sale deed. It has been further averred that there was a stipulation in the agreement that the defendant-respondent can get the plot transferred in the name of the plaintiff-appellant with the office of Modern Housing Construction Cooperative Society, Jalandhar and thereafter, if desired, the plaintiff could get the sale deed executed and registered in respect of property in dispute.

(3.) It is the case of the plaintiff-appellant that after execution of the said agreement, he approached the defendant a number of times to get the suit property transferred in his name in the record of the society on receipt of balance sale consideration, but the respondent kept on postponing the matter on one pretext or the other. Ultimately, he served a legal notice dated 19.7.2002 on the respondent to come present in the office of Sub Registrar, Jalandhar on 25.7.2002 to execute the sale deed in his favour.