KULDIP SINGH Vs. UDHAM SINGH

JUDGEMENT

(1.) THE appellants, Kuldip Singh is aggrieved by the Judgment and Decree passed by the Additional District Judge, Gurdaspur in Civil Appeal No. 358 of 1988 delivered on 19.5.1989 allowing the appeal filed by the Respondent herein and dismissing the suit of the Plaintiff/Appellant herein.

(2.) THE Plaintiff/Appellant filed Civil Suit No. 29/7 on 8.5.1984 praying for specific performance of contract said to have been executed by the Defendant/Respondent herein on 11.3.1981 agreeing to sell his property mentioned in the plaint and/or in the alternative for recovery of a sum of Rs. 38,000/ - as damages and compensation. It is apparent that Kuldip Singh died during the pendency of the appeal before the Lower Appellate Court and he was substituted by his mother, Surjit Kaur.

(3.) IT was further stated in the plaint that the balance amount of Rs. 20,000/ - was to be paid at the time of registration of the Sale Deed. The costs for stamped papers and registration was to be borne by the Plaintiff/Appellant and in case the Plaintiff committed any default, the earnest money was liable to be forfeited and in case of default by the Defendant/Respondent, he was liable to refund the earnest money and to pay another sum of Rs. 18,000/ - as liquidated damages.