DALJIT SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) THE defendant is in appeal against the judgment and decree of both the Courts below by which suit filed by the plaintiff for specific performance of the agreement to sell dated 24.07.2006 has been decreed.

(2.) THE brief facts of the case are that the defendant, who is joint owner in possession of the land measuring 18 Kanals 16 Marlas, agreed to sell the said land to the plaintiff on 24.07.2006 for a consideration of Rs. 8,00,000/ - per acre after executing the agreement to sell and received Rs. 7,85,000/ - as earnest money. The sale deed was to be executed on or before 01.11.2006. The plaintiff remained present in the office of Sub Registrar, Dasuya, on the target date with balance sale consideration and other expenses but the defendant did not turn up to execute the sale deed. He got his presence marked before the Sub Registrar by getting his affidavit attested. Even a legal notice was served upon the defendant on 20.11.2006 asking the defendant to come present on 26.12.2006 to execute the sale deed in favour of the plaintiff but the defendant did not turn up. Hence, the suit was filed.

(3.) THE plaintiff filed replication reiterating his stand and denied the averments made in the written statement filed by the defendant. On the pleadings of the parties, following issues were framed by the Trial Court: -