VARINDERJIT SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) THE present Regular Second Appeal at the instance of the appellant, is directed against the impugned judgment and decree of the lower appellate Court dated 18.10.2014 whereby appeal of the respondent -defendant has been allowed and the judgment and decree dated 2.4.2014 whereby the suit of the appellant -plaintiff for specific performance of the agreement to sell dated 28.8.2006 for a plot measuring 550 sq.yards had been decreed.

(2.) THE facts of the case as culled out from the pleadings of the parties to the lis are that admittedly both the plaintiff and defendant entered into an agreement to sell dated 28.8.2006 in respect of the property having area of 550 sq.yard situated in Village Daad, Main Pakhowal Raod, Tehsil and District Ludhiana and in front of Main Pakhowal road 3 shops were constructed and gate had already been erected along with the passage. As per the agreement to sell, backside of the plot was also constructed and the property as per the agreement to sell was double storyed. The total sale consideration for execution of the sale deed was Rs. 1,20,00,000/ - and the respondent -defendant acknowledged the receipt of Rs. 20 lacs as earnest money. The target date for execution and registration of the sale deed was fixed as 30.4.2007. According to the averments made in the plaint, the appellant -plaintiff alleged that prior to the registration of the sale deed the defendant was required to get the property in question demarcated and remove encroachment and thereafter the vacant possession of the suit property to the appellant -plaintiff was to be handed over. The appellant -plaintiff pleaded that he was ready and willing to perform his part of the contract and approached the defendant several times prior to the last date settled for execution and registration of the sale deed but defendant did not bother to perform his part of agreement and postponed the matter on one pretext or other. Even a week prior to the date of execution and registration of the sale deed the appellant -plaintiff is stated to have approached the defendant and requested to perform his part of the contract and appear in the office of Sub Registrar, Ludhiana on 30.4.2007. As per the averments the respondent -defendant did not perform his part of the agreement. The appellant -plaintiff served a legal notice dated 31.3.2008 upon the respondent -defendant but despite receipt of the notice failed to perform his part of the contract.

(3.) THE appellant -plaintiff examined himself as PW -1 and brought on record the original agreement to sell as Ex.P -1, Legal notice Ex.P -2, postal receipt Ex.P -3 and copy of jamabandi for the year 2004 -05 as Ex.P -4 in order to prove the execution of the agreement, though the agreement was admitted, examined marginal witness to the agreement to sell Harjit Singh as PW -2.