HARCHAND SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) RESPONDENT -plaintiff Amar Singh filed a suit for specific performance of agreement of sale dated 25.1.1979. Under the said agreement, appellant Harchand Singh agreed to sell 19 kanals 7 marlas of land at the rate of Rs. 20,000/- per acre. Sale-deed was to be executed on or before 20.3.1979. Earnest money of Rs. 10,000/- was paid and the remaining amount was to be paid at the time of execution of sale-deed. The plaintiff remained willing to perform his part of the contract and having learnt that the defendant was going to sell the property, he filed a suit for injunction on 5.2.1979 and obtained an injunction. He also served notice on the defendant for execution of the sale-deed but the defendant failed to do so. The plaintiff went to the office of Sub-Registrar on 9.3.1979 and also on 19 & 20.3.1979 but the defendant did not turn up.

(2.) DEFENDANT Harchand Singh contested the suit, inter alia, on the ground that the plaintiff was not ready and willing to perform his part of the contract and the defendant went to the office of the Sub-Registrar on 20.3.1979 but the plaintiff did not turn up.

(3.) THE learned lower appellate court affirmed the findings of the trial Court. Hence this appeal.