TARSEM SINGH Vs. AMRU

JUDGEMENT

(1.) The defendant-appellant (hereinafter the defendant) has come up in Regular Second Appeal against the judgment and decree of the first Appellate Court affirming on appeal those of the trial Judge.

(2.) The plaintiff-respondent (hereinafter the plaintiff) filed a suit of possession of the suit land against the defendant-appellant (hereinafter the defendant) on the ground that he had agreed to sell the suit land to the defendant vide agreement to sell dated July 5, 1976, pursuant to which he had received an amount of Rs. 3400.00 as earnest money and the possession of the suit land was delivered to the defendant. The defendant did not get the sale deed executed pursuant to the agreement to sell. The plaintiff had been ready and willing to perform his part of the contract. The defendant has forfeited the earnest money. The agreement to sell stood cancelled and he asked the defendant to restore the possession to him but the latter failed.

(3.) The defendant contested the claim of the plaintiff and inter alia alleged that the plaintiff was allotted the land being Harijan and that he could not sell the same before the expiry of 10 years. The plaintiff had not obtained the sale certificate from the department and as such he was not competent to sell.