PROMILA DEVI SETIA Vs. CHANDER MOHAN

JUDGEMENT

(1.) Instant regular second appeal has been preferred by the appellant-defendant against the judgment and decree dated 29.04.2009 passed by learned Additional Civil Judge (Senior Division), Fazilka whereby suit filed by the respondent/plaintiff for possession by way of specific performance has been decreed, as well as, against the judgment and decree dated 17.10.2011 passed by learned Additional District Judge, Ferozepur whereby appeal preferred by the appellant-defendant has been dismissed.

(2.) For convenience sake, reference to parties is being made as per their status in the suit.

(3.) Upon notice, defendant appeared and filed written statement taking preliminary objections that the suit is not maintainable in the present form because the plaintiff was not ready and willing to perform his part of the agreement to sell and the earnest money paid by the plaintiff stood forfeited due to non-performance of the contract and as per reply to notice dated 07.09.2007 sent by the defendant. On 15.06.2007, the defendant reached in the Court and requested the plaintiff to make the payment of stamp papers as per agreement dated 17.02.2007, but he did not make the payment. It was pleaded that the defendant kept on waiting for the plaintiff to get the sale deed executed in his favour but the plaintiff neither made the payment of stamps nor asked the defendant for extension of time. The defendant was ready and willing to perform her part of the contract on the said date. Plaintiff filed replication denying the averments in the written statement and reiterating the averments in the plaint.