SWARAN SINGH Vs. SWARAN KAUR

JUDGEMENT

(1.) During the course of arguments, the following substantial questions of law are found to be involved in the present appeal :

(2.) The plaintiff-appellant has approached this Court through the present regular second appeal. He filed a suit for possession by way of specific performance. It was claimed that Swarn Kaur defendant No. 1 had entered into an agreement to sell dated May 30, 1981 with the plaintiff for the sale of the land measuring 21 Kanals, 9 marlas situated in village Fatehabad. The sale consideration was fixed at the rate of Rs. 22,500/- per acre. At the time of the execution of the agreement, Rs. 10,000/- were received by defendant No. 1 as earnest money. According to the agreement, the sale deed was to be executed in favour of the plaintiff on or before October 19, 1981. It was also agreed between the parties that the possession of the land covered under the agreement would be delivered by defendant No. 1 at the time of execution of the sale deed. Subsequently, through a consent of the parties, time for execution of the sale deed was extended up to December 13, 1981, June 30,1982, September 30, 1982 and up to October 7, 1982 vide endorsements on the back of the agreement. The plaintiff also maintained that on the appointed date i.e. October 7, 1982 he appeared before the Sub-Registrar and filed an application showing his presence but since defendant No. 1 was not in a position to deliver possession and execute the sale deed as per the terms of the agreement, therefore, an affidavit to that effect was got attested by the plaintiff. The plaintiff was also got served a notice through his counsel requesting defendant No. 1 to deliver the possession of the suit land and execute the sale deed but of no avail. Claiming that the plaintiff was always ready and willing to perform his part of the agreement and the defendant No. 1 had failed to execute the sale deed in terms of the agreement, a suit for specific performance was filed. Alternatively, it was claimed that if the plaintiff was found not entitled to the decree of specific performance then a decree for recovery of Rs. 20,000/- i.e. double of the amount of earnest money i.e. Rs. 10,000/- be passed on account of damages.

(3.) The suit was contested by the defendants.