RAMESH KUMAR Vs. DAYA NAND AND ANOTHER

JUDGEMENT

(1.) Ramesh Kumar, the defendant is in regular second appeal against the judgments and decrees dated 9.3.2010 passed by learned Additional Civil Judge [Senior Division] Rewari and dated 21.9.2010 passed by learned Additional District Judge, Rewari. The suit of Daya Nand and Daya Ram that succeeded with learned courts below against the defendant-appellant is for possession by way of specific performance of an agreement of sale dated 22.12.2004.

(2.) Coming to the facts, it is the case of the plaintiffs that defendant had been owner in possession of 31 kanals 3 marlas of land situated in village Balawas, Tehsil and District Rewari being 1/3rd share of land measuring 93 kanals 10 marlas. Out of this land, defendant agreed to sell 28 kanals of land in favour of the plaintiffs vide agreement of sale dated 22.12.2004 for a consideration of Rs. 3,17,000/- per acre and received a sum of Rs. 1,00,000/- as earnest money from the plaintiffs in presence of the witnesses. The sale deed was to be executed on 20.1.2005 and the possession was to be handed over on receipt of balance sale consideration. The defendant did not come present for execution of the sale deed in favour of the plaintiff in pursuance of the agreement of sale dated 22.12.2004 inspite of being informed telephonically by the plaintiff on 17.1.2005. The plaintiffs visited the office of Sub Registrar on 20.1.2005 and got his presence marked by getting the affidavit attested from Executive Magistrate. Therefore, the requisite decree is prayed for as per the terms and conditions of agreement of sale dated 22.12.2004.

(3.) The defendant took various preliminary objections claiming the plaintiffs to be estopped from filing the suit by their act and conduct, to have concealed material facts and to have not paid proper court fees.