BALJIT SINGH Vs. MEET SINGH

JUDGEMENT

(1.) Plaintiff is in second appeal in a suit for joint possession though specific performance of agreement dated 16.11.2005 which was dismissed by Civil Judge (Jr. Divn.) Kharar vide judgment and decree dated 20.05.2010 and lower appellate Court affirmed the same vide judgment and decree dated 30.07.2013.

(2.) Plaintiff filed suit for joint possession against the defendant of 3/8th share and 5/8th share on the basis of agreement to sell dated 16.11.2005. Defendant is owner in joint possession of the suit land which he agreed to sell i.e. 8 Kanals of land out of total land mentioned in the headnote of the plaint and executed agreement to sell dated 16.11.2005. Rate of land was settled Rs.11,00,000/- per acre and date for execution of sale deed was fixed on or before 30.04.2006. The earnest amount to the tune of Rs.1,50,000/- was paid to the defendant. The plaintiff remained present in Tehsil Complex, Kharar on 28.04.2006 and 01.05.2006 i.e. the day prior to the target date as well as a day afterward because of intervening holidays on 29.04.2015 and 30.04.2015, but the defendant did not come. The plaintiff was present in the Tehsil Complex, Kharar along with requisite balance amount of sale consideration and other expenses of sale deed i.e. stamp papers and registration fee etc., and was ready and willing to perform his part of contract.

(3.) The suit was contested by the defendant. According to defendant vide notice dated 24.01.2006, the agreement to sell was rejected by him for non-compliance of the condition of agreement to pay Rs.6,50,000/- as further earnest amount on 15.01.2006.