JASMER SINGH Vs. CHANAN SINGH & OTHERS

JUDGEMENT

(1.) The present Regular Second Appeal has been filed at the instance of the appellant-plaintiff.

(2.) The facts deduced from the pleadings of the parties to the lis reveal that an agreement to sell dated 29.8.2005 in respect of land measuring 12 kanals 13 marlas (7 bighas 11-40/50 biswas) comprised in Khasra No.34//3(8-0), 34//2/2(4-13), situated at village Shamdhoo, Tehsil Rajpura, District Patiala was executed by the defendants for a total sale consideration of Rs. 11,00,550/- and a sum of Rs. 5,00,000/- as earnest money was received at the time of the execution of the agreement to sell and 1.12.2005 was fixed as the date for execution of the sale deed.

(3.) As per the terms and conditions of the agreement to sell, the defendants were required to deposit the loan amount with the bank on or before the date of the execution of the sale deed, i.e., 1.12.2005 and since the said amount could not be deposited, the date of execution and registration of the sale deed was extended from 1.12.2005 to 26.12.2005 and on the date of the extension, another sum of Rs. 1,00,000/- over and above a sum of Rs. 5,00,000/- was also paid to the defendants. Thus, as per plaintiff, the defendants had already been paid a sum of Rs. 6,00,000/- out of the total sale consideration.