UMED SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) PRESENT regular second appeal has been filed against the judgment of the trial Court dated 12.12.2011 passed by the Civil Judge (Senior Division) Rewari, whereby the suit of the plaintiff for decree for possession by way of specific performance of agreement to sell was decreed and the judgment dated 16.1.2013 passed by RITU the Additional District Judge, Rewari whereby the appeal against the judgment and decree of the trial Court was dismissed.

(2.) THE plaintiff -respondent, Satbir Singh (hereinafter referred to as 'the plaintiff') filed a suit for specific performance on account of agreement to sell and in the alternative refund of Rs. 45 lacs as liquidated damages with interest at the rate of 24% p.a. interest with costs from the date of agreement to sell up to realization from the defendant for breach of contract.

(3.) ON notice, defendant filed a written statement and took the plea that the plaintiff had no cause of action to file the suit as he had no intention to alienate the suit land and the suit had been rendered infructuous as the defendant had made a statement on 5.8.2006 that he had no intention to alienate the suit land.