BHUPINDER KAUR Vs. SURINDER SINGH

JUDGEMENT

(1.) This is second appeal by plaintiffs Bhupinder Kaur and Jaspal Singh against judgment and decree passed by the First Appellate Court whereby the appeal of the defendant-respondent was partly accepted, denying the relief of specific performance of the agreement to sell dated 09.02.2001 and allowing the alternate relief of recovery of Rs.2,45,000/- along with interest @ 9% per annum from the date of execution of agreement till filing of suit and pendente lite future interest @ 6% per annum.

(2.) Briefly stated, the case of the plaintiffs-appellants (hereinafter referred as plaintiffs) is that defendant-Surinder Singh vide agreement dated 09.02.2001 agreed to sell his land measuring 15 kanal 3 marlas situated in village Mullanpur Khurd, Tehsil and District Fatehgarh Sahib bearing khasra no.12//2/1 (1-0), 9/3 (2-3) 10 (8-0) 11 min (4-0) as per jamabandi for the year 1994-95. The land was agreed to be sold along with share of defendant-respondent (hereinafter referred as defendant) in the water tube-well, bore, kotha, khal, pahi, passage, taur, pucca nala etc. Out of total sale consideration of Rs.3,50,000/-, Rs.1,85,000/- was paid as earnest money and the date for execution and registration of sale deed was fixed as 08.02.2002. It was mentioned in agreement that possession of land had been delivered to plaintiffs but, in fact, the possession was to be delivered at the time of execution of sale deed.

(3.) As per terms of the agreement, sale deed could not be executed on 08.02.2002 due to some domestic problems. The defendant vide writing dated 29.07.2002 extended the date for execution and registration of sale deed till 30.08.2002 and also received Rs.60,000/- more. On 30.08.2002 the defendant did not turn up for execution of the sale deed. As it was holiday on 30.08.2002, 31.08.2002 and 01.09.2002, the plaintiffs remained present in the office of Tehsildar Fatehgarh Sahib on 02.09.2002 with balance sale consideration and other allied expenses but defendant did not turn up. They got their presence marked by swearing in an affidavit before Sub-Registrar/Executive Magistrate, Fatehgarh Sahib.