BALESHWAR AND ORS. Vs. BIG JOS ESTATE LIMITED

JUDGEMENT

(1.) IMPUGNED in the present regular second appeal is the judgment and decree dated 9.9.2013, passed by the learned Additional District Judge, Sonepat, affirming the judgment and decree dated 13.6.2011, passed by the learned Additional Civil Judge, Senior Division, Gannaur, whereby the suit of the plaintiff was decreed with costs and decree for specific performance was passed, directing the defendants to get the sale deed executed and registered in favour of the plaintiff after the receipt of the balance sale consideration within the period of two months as per letter and spirit of the agreement dated 28.5.2005 (Ex. P2). It was further directed that in case of failure of the defendants, the plaintiff shall be at liberty to get the sale deed executed and registered through the assistance of the Court.

(2.) BRIEF facts of the case are that the plaintiff M/s. Big Jo's Estates Limited filed a suit against Lakhmi Chand through his legal heirs claiming that Lakhmi Chand entered into an agreement to sell dated 28.5.2005 in favour of the plaintiff whereby he agreed to sell the land measuring 6 Acres, 3 kanals 14 marlas fully detailed in the plaint for Rs. 3,10,20,000/ - @ Rs. 48,00,000/ - per acre. Rs. 31,02,000/ - was paid to the defendant as earnest money. Sale deed was agreed to be executed and registered uptill 27.2.2006. Since, defendant Lakhmi Chand expired, therefore, his legal heirs have been impleaded as defendants. Plaintiff claimed that in terms of the agreement, he appeared in the office of the Sub -registrar Ganaur along with the balance sale consideration on 27.2.2006 to perform his part of contract but the defendant did not turn up. Plaintiff got his presence marked before the Sub -registrar, Ganaur. He also met the defendants personally and requested them to execute the sale deed but the defendants kept on putting off the matter on one pretext or the other.

(3.) FROM the pleadings, following issues were framed: - -