HAR KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) PRESENT Regular Second Appeal is against the judgment and decree dated 04.02.2015, passed by District Judge, Patiala, whereby the appeal filed against the judgment and decree dated 01.02.2013, passed by Civil Judge, (Jr. Divn.), Rajpura was dismissed.

(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 recaptured in the judgments of the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal are that the suit for specific performance of agreement of sale dated 10.11.2005 for total sale consideration of Rs. 5,00,000/ -. The entire sale consideration has been received from the plaintiff and the sale deed was to be executed on receipt of stamps, registration and other allied expenses and in the alternative suit for recovery of Rs. 5,00,000/ -. As per plaintiff, defendant also executed general power of attorney in favour of the plaintiff on the same date, so as to deal with the said property, which was subject matter of the agreement. The authority was to the extent of alienation and sale of the property as well. The plaintiff always remained ready and willing but defendant avoided to perform her part of contract of the agreement. Legal notice was issued to get the sale deed executed on 17.03.2006 and on that date plaintiff remained present in the office of Sub -Registrar but defendant did not turn up. The plaintiff got his presence marked by getting his affidavit attested from Executive Magistrate, Rajpura on the same date.