SUNITA Vs. RAJENDER SINGH

JUDGEMENT

(1.) Present Regular Second Appeal was earlier disposed of by a Coordinate Bench of this Court by way of order dtd. 16/1/2019. However, the said order was challenged by the respondent of the appeal before Hon'ble Supreme Court by filing Civil Appeal No.4222 of 2023 (arising out of SLP-C- 19102-2019) and by way of order dtd. 6/7/2023, Hon'ble Supreme Court has set aside the order dtd. 16/1/2019 of this Court and has remanded the matter with the direction to examine the appeal afresh on the question of entitlement of the plaintiff to enforce specific performance of the agreement or any other relief. That is how, the present appeal is again before this Court.

(2.) Perusal of the paper-book would reveal that vide an agreement dtd. 10/4/2006, Raj Singh, the predecessor-in-interest of the defendants (appellants and performa respondent herein) had agreed to sell the suit land to plaintiff-Rajender Singh (respondent No.1 herein) and an amount of ?4 lakh was paid as earnest money. Initially, the target date for execution of the sale deed was fixed as 16/8/2006, but with mutual consent, it was extended firstly to 16/12/2006 and thereafter to 31/1/2007. Seeking the decree for specific performance, it was alleged by the plaintiff that Rajender Singh had failed to procure no objection certificate and avoided the matter to perform his part of contract on one pretext or the other and that with dishonest intention to grab the earnest money, had even filed civil suit against the plaintiff, which was duly contested by him. Later on, as Raj Singh had expired, so specific performance was sought against his legal heirs - defendants, as they did not respond to the repeated legal notices sent to them.

(3.) Against the aforesaid judgment and decree, defendants approached this Court by filing the present Regular Second Appeal.