PUSHAP LATA Vs. VARUN SINGLA

JUDGEMENT

(1.) Defendant is in second appeal.

(2.) For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the defendant and the respondent as the plaintiff.

(3.) Plaintiff filed suit for specific performance claiming that defendant agreed to sell land measuring 8 Kanals in his favour for a total sale consideration of Rs.20,60,000.00 per acre. On 12thof May, 2009 when the agreement was executed, plaintiff paid defendant a sum of Rs.4,00,000.00 as earnest money. Both the parties agreed to get the sale deed executed on or before 20thof November, 2009. It was further agreed that in case defendant fails to execute sale deed on receipt of balance sale consideration, plaintiff will have a right to get the sale deed executed through Court. It was further claimed that a sum of Rs.10,00,000.00 was paid by the plaintiff to the defendant through 10 separate cheques dtd. 20/5/2009, 25/5/2009,9/7/2009, 12/7/2009, 9/8/2009, 12/8/2009, 9/9/2009, 12/9/2009,9/10/2009 and 12/10/2009 amounting to Rs.1,00,000.00 each. Thus, the plaintiff paid a sum of Rs.14,00,000.00 to the defendant. He always remained ready and willing to perform his part, still defendant failed to execute the sale deed in favour of the plaintiff as she did not turn up in the O/o Sub Registrar on 20thof November, 2009. Plaintiff served defendant with notice dated 30thof November, 2009 calling upon her to execute the sale deed on 15thof December, 2009. Plaintiff again went to the O/o Sub Registrar, Saha on 15thof December, 2009, but the defendant failed to turn up. On 18thof December, 2009, on the asking of the defendant, plaintiff purchased stamp- papers, but the defendant still failed to come present in the O/o Sub Registrar, Saha on 18thof December, 2009. Defendant in reply dated 6thof December, 2009 to legal notice dated 30thof November, 2009 though admitted receipt of Rs.14,00,000.00, yet has failed to perform her part. Thus, the plaintiff prayed for decree of specific performance.