GURDIT SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) The present regular second appeal has been preferred by the appellant-plaintiff to assail the judgments and decrees passed by the Courts below declining his prayer for specific performance of the agreement to sell dated 19.05.2003 and instead allowing refund of earnest money etc. along with interest.

(2.) In brief, Gurdit Singh plaintiff-appellant filed suit for possession by specific performance of the agreement dated 19.05.2003 for sale of land measuring 2 kanals comprising rectangle No.50 Killa No.8 (4- 0) situated in village Tehthar Kalan, Tehsil and District Ferozepur on the premise that the defendant agreed to sell the land @ Rs.1,40,000/- per acre, received Rs.13,600/- as earnest money and agreed to execute the sale deed on 18.05.2004, on payment of balance sale consideration. The plaintiff remained ready and willing to perform his part of the agreement but the defendant committed breach of the agreement and refused to execute the sale deed. The plaintiff issued legal notice to the defendant through his counsel which was duly received by him but he failed to execute the sale deed.

(3.) The defendant filed the written statement, denied execution of the agreement, receipt of Rs.13,600/- and his liability to execute the sale deed on payment of balance sale consideration of Rs.21,400/-.