GURDARSHAN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) PRESENT Regular Second Appeal against the concurrent findings of both the Courts below, whereby suit of plaintiff for possession by way of specific performance of agreement of sale dated 15.06.1985 was decreed by the Court of first instance and first appeal dismissed by the first appellate Court.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been recapitulated in the judgments of both the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal that defendant No.1 executed agreement of sale deed dated 15.06.1985 in favour of plaintiffs. Earnest money of Rs. 66,000/ was received. Target date was fixed to be 15.01.1986. Plaintiffs were ready and willing to perform their part of agreement but defendants never came forward and as such suit was filed.