CHANDER SINGH Vs. VINOD KUMAR JINDAL

JUDGEMENT

(1.) The appellant-defendant (hereinafter referred to as 'the defendant) has come up in this regular second appeal against the judgment dated 3.12.2013 passed by the Additional District Judge, Palwal, whereby the judgment and decree dated 4.5.2012 passed by the Civil Judge (Senior Division), Palwal dismissing the suit of the respondent-plaintiff (hereinafter referred to as 'the plaintiff') was reversed and the plaintiff was held entitled to recovery of earnest money worth Rs. 5,77,000/- from the defendant with interest @ 6% per annum from the date of filing of the suit till its actual realization.

(2.) The defendant entered into an agreement to sell the land measuring 1 kanal 16 marlas comprising in Khewat/Khatoni No. 547 min/627, Khasra No. 1089/1, 1091 & 1092 situated within the revenue estate of Palwal with the plaintiff at the rate of Rs. 5300/- per square yard on 2.1.2006 and received an amount to the tune of Rs. 5,77,000/- as earnest money from the plaintiff. The date for execution and registration of sale deed was fixed as 14.4.2006. As per the agreement, in case of non-performance of agreement by the plaintiff, the defendant had a right to forfeit the earnest money and in case of non-performance of agreement by the defendant, the plaintiff had a right to get it enforced. On account of breach of contract by the plaintiff, it would be treated as cancelled and in case of defect in the title of the defendant, the defendant was bound to pass a clear title.

(3.) The plaintiff and the defendant attended the office of SubRegistrar on 13.4.2006 and 17.4.2006 as 14.4.2006 to 16.4.2006 were declared holidays. Both the plaintiff and defendant sworn their respective affidavits dated 13.4.2006 and 17.4.2006 to mark their presence in the office of Sub-Registrar. Thereafter, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') had been issued on 15.6.2006 and published on 14.4.2007. Thereafter the present suit was filed on 17.12.2008 asking the defendant to return the earnest money along with interest to the plaintiff.