VIJAY KUMAR AGGARWAL Vs. KHUSHAL SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two appeals bearing RSA-1494-2016 (Vijay Kumar Aggarwal Vs. Khushal Singh) and RSA-1618-2016 (Vijay Kumar Aggarwal Vs. Khushal Singh).

(2.) Both the aforesaid appeals have been filed challenging a common judgment and decree dtd. 2/3/2016 passed by the Court of learned Additional District Judge, Amritsar, whereby two civil appeals, bearing Civil Appeal No. 22515/2011-12 (Khushal Singh Vs. Vijay Kumar Aggarwal) and Civil Appeal No. 22514/2010-2012 (Vijay Kumar Aggarwal Vs. Khushal Singh), were decided.

(3.) In the present case, dispute relates to half share of House No.1481 to 1483 and 154/111-2 min, situated at Katra Jalianwala, Amritsar, measuring 100 sq. yards. Based on an agreement to sell dtd. 12/12/1988 regarding the property in question with the owner i.e. the present appellant/ defendant against a total sale consideration of Rs.3.00 lacs, having paid an advance of Rs.30000.00, a suit for possession by way of specific performance was filed by respondent/plaintiff . It was also pleaded in the suit that as per the original agreement dtd. 12/12/1988, sale deed was to be executed within a period of 05 months thereof, however, on account of civil suit having been filed at the instance of one of the sister and brother of the appellant/ defendant, the same could not be got executed within the aforesaid time and another agreement-cum-receipt dtd. 23/9/1989 was executed between the parties with a stipulation that the sale deed would be executed within 15 days of decision of the said Civil Suit. It was further pleaded that a sum of Rs.1.00 lac was received by the appellant/ defendant on 19/7/1989 followed by receipt of another sum of Rs.20000.00 and thus, in the document dtd. 23/9/1989, it was also recorded that the appellant / defendant had received a sum of Rs.1.5 lacs towards sale consideration. As per the plaint, having failed to get the sale deed executed despite repeated requests, the respondent/ plaintiff was compelled to file the suit.