JAGDISH SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree dated 04.10.2010, whereby suit for specific performance of the agreement to sell dated 06.02.1999 has been decreed in favour of respondent-plaintiff and judgment and decree dated 07.12.2013, whereby appeal filed by the appellant defendant has been rejected.

(2.) Mr. Ashok Verma, learned counsel appearing on behalf of appellant-defendant submits that as per the agreement to sell dated 06.02.1999, land measuring 30 kanal 17 marla was agreed to be sold by his client to the respondent-plaintiff for a valuable consideration of L 915859.37/- paise and earnest money of L 2,20,000/- had been received on 06.02.1999 and 07.04.1999 and target date for execution and registration of the sale deed was fixed as 20.05.1999. Both the appellant/defendant and respondent/plaintiff were present before the office of Registrar but the sale deed could not be executed for the reasons that Income Tax Clearance Certificate which was to be produced by the appellant-defendant had not been obtained. He further submits that appellant-defendant submitted an application on 25.05.1999 for obtaining Income Tax Clearance (Form-34) and the same was issued on 02.06.1999. In this regard, he sent a legal notice to the plaintiff to execute the sale deed, but, there was no response, which necessitated him to file suit for mandatory injunction on 08.06.1999.

(3.) The plaintiff instead of contesting the aforementioned suit filed application under Order 7 Rule 11 and ultimately suit was dismissed.