RAM PHAL Vs. RAJBIR

JUDGEMENT

(1.) PRESENT appeal has been filed by the defendant -appellant Ram Phal impugning the judgment and decree dated 03.05.2014 passed by the learned Additional District Judge, Panipat to the extent that alternate relief of refund of earnest money has been granted to the plaintiff -respondent whose suit for specific performance had been dismissed by the trial Court.

(2.) UPON hearing learned counsel for the parties, following substantial question of law is found involved for consideration of this Court: -

(3.) THOUGH not mentioned in the abovesaid agreement to sell, it was further agreed between the parties on the same day i.e. 05.01.2009 that defendant - Ram Phal shall sell the area of 3 kanal 18 marlas adjacent to area as mentioned in mutation No. 4250, 4586 and situated in village Mahawat Tehsil Samalkha District Panipat. Said area was projected to be a part of shamlat deh and free from encumbrances. Sale consideration was agreed upon as Rs. 1,00,000/ - which was paid by the plaintiff to the defendant in the presence of witnesses Kaptan and Dilbag. Possession of 3 kanal 18 marlas was handed over by the defendant being in its exclusive possession. Registration of this area was agreed to be executed in favour of the plaintiff or any other person as may be desired by him.