KHEM CHAND Vs. NARENDER SINGH AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgments and decrees passed by the Courts below whereby the suit filed by the respondents for specific performance of the agreement to sell dated 10.9.1986 was decreed by the learned trial court and findings recorded by the trial court were affirmed in appeal. As per case set up by the plaintiffs-respondents, appellant RSA- 1476 of 1999 -2- defendant executed agreement to sell on 10.9.1986 in regard to land measuring 15 Kanals 19 Marlas situated in revenue estate of Livaspur and received the total sale consideration of 1,30,000.00 vide receipt dated 10.9.1986. The symbolic possession of the land was delivered to the plaintiffs. It was agreed that whenever the plaintiffs will be ready to spend the stamp charges, the defendant will execute the sale deed in favour of the plaintiffs. The defendant was also to obtain clearance certificate from the Income Tax Department. The defendant also executed a general power of attorney in favour of real brother of the plaintiff and one Randhir Singh on that date. The possession of the suit property has been delivered to the defendant and he is bound to give actual physical possession to the plaintiffs.

(2.) The plaintiffs had always been ready and willing to perform their part of the contract and asked a number of times to the defendant to get clearance certificate but he had been avoiding on one or other pretext. The notice was given to the defendant to get the sale deed executed on 4.9.1989 but he failed to do so.

(3.) The defendant filed the written statement seriously contesting the claim of the plaintiffs while controverting all the allegations in regard to execution of the agreement to sell, receipt of 1,30,000.00 and execution of power of attorney. It was averred that there was dispute between the defendant and Joginder Singh etc. regarding forfeiture of the earnest money paid by them in respect of agreement to sell agricultural land to Joginder Singh etc. on 16.4.1984. Joginder Singh etc. committed breach in performance of their part of the contract and earnest money of 50,000.00 was forfeited.