JIWAN KUMAR Vs. SIMAR SAIN

JUDGEMENT

(1.) This judgment shall dispose of both the above mentioned regular second appeals which arise from a suit for possession by specific performance or in alternative for recovery filed by respondent-plaintiff. Both the above mentioned second appeals are directed against the judgment and decree dated 16.04.2007 passed by learned Civil Judge (Jr. Divn.), Nawanshahr whereby relief of specific performance sought by respondent-plaintiff has been declined, however, alternative relief for recovery of Rs. 1,48,000/- along with interest has been granted, and against the judgment and decree dated 20.04.2009 passed by learned Additional District Judge, Nawanshahr whereby appeal preferred by respondent-plaintiff claiming relief of specific performance has been allowed and appeal preferred by appellant-defendant has been dismissed.

(2.) For convenience sake, reference to parties is being made as per their status in the suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced; However, brief facts are to the effect that the defendant is owner of the suit land measuring 18 M 3 sarsai as 1/6th share out of 5 K 10 M and he entered into agreement to sell on 24.03.2003 for sale of the said land to the plaintiff for the consideration of Rs. 1,74,167/-. The defendant had received Rs. 74,000/-as earnest money and date for execution of sale deed was fixed as 22.09.2003. It was further pleaded that physical possession of the land was delivered to the plaintiff. The defendant had failed to execute the sale deed. The plaintiff through his attorney remained present in the office of Sub Registrar on 22.09.2003 to perform his part of the contract, but the defendant did not turn up. The plaintiff was and has always been ready and willing to perform his part of the agreement, but the defendant has failed to do so. Hence, suit was filed.