SUKHWINDER SINGH Vs. KABAL SINGH

JUDGEMENT

(1.) THE unsuccessful defendant before both the Courts below has preferred the present appeal.

(2.) IT is the contention of the plaintiff that the defendant who is the owner of the subject property agreed to sell the same for the total consideration of Rs. 1,98,000/ - and executed the agreement for sale on 28.10.2005, after receiving earnest money of Rs. 1,70,000/ - in cash. Though the defendant agreed to execute and register the sale deed in favour of the plaintiff on 27.10.2006 on receipt of the balance sale consideration, he failed to come to the Registrar's office on 30.10.2006, 27.10.2006 to 29.10.2006 were holidays and, therefore, the plaintiff was present in the Registrar's office with balance sale consideration but the defendant did not turn up.

(3.) BOTH the Courts below having evaluated the evidence on record come to the conclusion that the agreement for sale was in fact executed by the defendant in favour of the plaintiff after receiving earnest money of Rs. 1,70,000/ -. The plaintiff also was ready and willing to perform his part of the contract but the defendant did not turn up for registration of the sale deed as agreed. Both the Courts below held that the plaintiff is entitled to a decree for specific performance.