SURESH KUMAR Vs. KANTA RANI

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Kanta Rani had brought a suit against defendant Suresh Kumar seeking a decree of possession by way of specific performance of agreement to sell dtd. 13/12/2010; in addition to that craving for grant of permanent injunction.

(2.) As per the case of the plaintiff, the defendant had entered into an agreement with the plaintiff on 13/12/2010 for sale of his house bearing No.41, Sector 16, UE Karnal for a sum of Rs.32,25,500.00 , receiving Rs.8.00 lakhs as earnest money, the final date for execution and registration of sale deed was fixed as 1/4/2011, however it was extended to 5/4/2011, but the defendant did not come forward to execute the sale deed in favour of the plaintiff on the date fixed; though the plaintiff had gone to the office of Sub Registrar, Karnal and remained persent there getting her presence marked; the plaintiff had served a legal notice upon the defendant calling upon him to come forward to execute the sale deed in terms of agreement to sell dtd. 13/12/2010 but to no effect. As such, the plaintiff had filed the suit in question.

(3.) On notice, the defendant appeared and filed a written statement contesting the suit raising various legal objections, on merits admitting having entered into agreement to sell with regard to house in suit with the plaintiff on 13/12/2010 and receiving Rs.8.00 lakhs as earnest money fixing the target date as 1/4/2011, which was extended to 5/4/2011. According to the defendant, the plaintiff did not reach office of Sub Registrar, Karnal on the target date, whereas he remained present there and got his presence marked by way of an affidavit. Refuting the remaining assertions, the defendant prayed for dismissal of the suit.