NIRMAL SINGH Vs. HARJINDER KAUR

JUDGEMENT

(1.) In this appeal the plaintiff assails the correctness of judgment passed by the First Appellate Court which in turn has reversed the judgment passed by the trial Court.

(2.) The plaintiff filed a suit for possession of the suit property by way of specific performance of the agreement to sell with a consequential relief of permanent injunction. It was alleged by the plaintiff that the defendant entered into an agreement to sell on 16/11/2005, with respect to constructed house over a plot measuring 03 marlas on receipt of Rs.1,80,000.00 against total sale consideration of Rs.18,00,000.00. The sale deed was to be executed on 16/2/2006. The plaintiff visited the office of Sub Registrar on 16/2/2006, however, the defendant did not come for execution. The plaintiff filed a suit for the grant of permanent injunction on 24/2/2006, in which, the defendant appeared on 13/3/2006 and offered to execute the sale deed. However, the plaintiff did not latch to the aforesaid offer. On 23/4/2007, the plaintiff withdrew the suit as the defendant refused to execute the sale deed after a passage of one year. The plaintiff filed this suit on 1/8/2008. The trial Court decreed the suit, however, the First Appellate Court has found that the plaintiff was never ready and willing to perform his part of the contract.

(3.) Heard the learned counsel representing the parties at length and with their able assistance perused the paper-book.