JASWINDER SINGH Vs. DILBAG SINGH

JUDGEMENT

(1.) DEFENDANT No.1 has filed the instant appeal challenging the judgment and decree dated 16.09.2010 of the trial Court decreeing the suit of the plaintiff -respondent; further challenging the judgment and decree dated 04.01.2013 of the lower appellate Court dismissing his appeal against the aforesaid judgment and decree of the trial Court.

(2.) IN brief, it was alleged in the suit that appellant -defendant No.1 was owner in possession of the land measuring 8 Kanals out of the total land measuring 263 Kanals 4 Marlas in Khewat No.72/70 Khatoni No.116 to 120 situated within the revenue estate of village Deoban, Tehsil and District Kaithal. The appellant had agreed to sell the aforesaid land measuring 8 Kanals in favour of the plaintiff respondent for a total consideration of Rs. 2,60,000. He received a sum of Rs. 1,50,000 as earnest money and executed an agreement to sell dated 30.06.2005. The said agreement to sell was duly registered with the Sub -Registrar, Kaithal. On 12.06.2006, with mutual consent of the parties, the date of execution and registration of the sale deed was extended from 20.06.2006 to 20.06.2007 vide supplementary agreement to sell dated 12.06.2006 and an additional earnest money of Rs. 36,000 was received by the appellant at that time. The appellant further agreed that the sale deed was to be executed and attested by him as per the will of the plaintiff -respondent. It is further case of the respondent that he was always ready and willing and was still ready and willing to perform his part of the contract. On 19.06.2007, he went to the house of appellant and asked him for execution and completion of the sale deed in terms of the agreement to sell and also tendered the balance sale consideration and other necessary expenses along with registration fee etc. but on 20.06.2007, the appellant failed to turn up.

(3.) HOWEVER , it may be noticed that the appellant executed a sale deed dated 09.07.2007 registered on 10.07.2007 with the Sub - Registrar, Kaithal for 5 Kanals of land only out of the total land measuring 8 Kanals and delivered the actual physical possession thereof to the respondent. At the time of execution of said sale deed, the appellant adjusted the entire sale consideration already paid as earnest money of Rs. 1,86,000. The appellant further agreed to execute the sale deed for the remaining land measuring 3 Kanals after clearance of the bank loan and on his request the plaintiff -respondent deposited the outstanding loan amount of Rs. 1,12,600 against the said bank loan taken from "The Kaithal Primary Cooperative Agricultural Development Bank Limited, Kaithal" vide receipt dated 10.07.2007 and the said amount was to be adjusted in the sale consideration of the remaining land measuring 3 Kanals. The appellant had assured the respondent to execute the sale deed on 11.07.2007 for the remaining land measuring 3 Kanals. On 11.07.2007, the respondent along with necessary expenses approached the appellant and requested him to reach in the office of Sub -Registrar, Kaithal for execution of the sale deed for the remaining land measuring 3 Kanals, but the appellant failed to turn up. Hence, the suit.