GURMAIL SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby he has been declined the decree of specific performance of the agreement to sell in question and instead his suit for recovery of earnest money has been decreed.

(2.) According to the appellant, the respondent entered into an agreement to sell dated 30.11.1981 of land for a total sale consideration of Rs.1056-72p and received Rs.826-32p from the plaintiff-appellant. The balance sale price was agreed to be received by the respondent at the time of execution and registration of the agreement. No time was fixed for execution of the sale deed for want of sale certificate. The plaintiff was put in actual physical possession of the suit land. He was always ready and willing to execute and register the sale deed, as per the agreement, on payment of balance sale price and also by incurring the registration expenses. The plaintiff-appellant issued a registered notice to the defendant-respondent requesting him to execute and register the sale deed but the respondent gave evasive reply. Plaintiff also remained present in the office of Sub Registrar, Tanda on 10.3.2003 for getting the sale deed executed from the defendant, but the defendant did not turn up. Thus, on accrual of cause of action, suit was filed.

(3.) Upon notice, the defendant-respondent appeared and filed his written statement, raising various preliminary objections, denying the execution of the agreement and submitted that the alleged agreement was forged and fabricated. The delivery of possession was also denied. Thus, dismissal of the suit was prayed.