RAJINDER SINGH Vs. RANJEET SINGH

JUDGEMENT

(1.) By way of present appeal, challenge has been made to the judgments and decrees dtd. 7/8/2019 and 25/1/2023 passed by the Courts below, whereby a decree of recovery for a sum of Rs.4,50,01,000.00 along with interest at the rate of 9 % per annum from the date of payment of the individual amounts to the appellants/ vendors till the date of decree besides interest at the rate of 6 % per annum from the date of decree till actual realization of the decretal amount was passed in favour of respondent/plaintiff.

(2.) Briefly stated, based upon an agreement to sell dtd. 11/4/2012, the respondent/plaintiff filed a suit for possession by way of specific performance regarding 209 kanal and 3 marla of land situated at village Kikkar Kheda, Tehsil Abohar, District Fazilka against appellants/ defendants/ vendors.

(3.) On notice, the appellants/defendants appeared and filed detailed written statements admitting the factum of execution of the agreement to sell dtd. 11/4/2012 besides no serious rebuttal being made towards the payment of Rs.4,50,01,000.00 under the agreement. The suit was mainly contested on the ground that the respondent/plaintiff was not ready and willing to perform his part of the agreement. It was pleaded that the respondent- plaintiff having failed to appear before the sub-Registrar on the target date i.e. 15/4/2013 along with the balance sale consideration was thus required to be nonsuited.