LAWS(P&H)-2014-8-155

BALBIR SINGH Vs. HARMINDER SINGH

Decided On August 08, 2014
BALBIR SINGH Appellant
V/S
HARMINDER SINGH Respondents

JUDGEMENT

(1.) THE present regular second appeal has been directed against the judgment and decree dated 10.05.2013 passed by the Additional District Judge, Ludhiana, accepting the appeal of the appellant/respondent and allowing the relief of specific performance of agreement to sell dated 01.03.2001 by modification of the judgment and decree dated 03.05.2010 passed by the learned trial Court.

(2.) HARMINDER Singh, plaintiff/respondent filed the suit for possession by way of specific performance of agreement to sell dated 01.03.2001 in regard to land measuring 08 kanals 0 marla, detailed in the head note of the plaint, on the premise that the defendant/appellant agreed to sell the aforesaid land for a sum of Rs. 1,90,000/ -, received Rs. 50,000/ - towards earnest money at the time of the agreement, another amount of Rs. 30,000/ - on 05.05.2001, but failed to execute the sale deed upto 01.07.2002. It is averred that the plaintiff always remained ready and willing to perform his part of the agreement, remained present in the office of the Sub Registrar along with balance sale consideration on 01.07.2002, served legal notice upon the defendant to execute the sale deed but the defendant failed to discharge his obligation under the agreement. He also made an alternative prayer for recovery of the amount along with interest.

(3.) THE controversy between the parties led to framing of following issues: -