DHARMENDER AND ANOTHER Vs. RAVINDER SINGH

JUDGEMENT

(1.) Defendants are in second appeal against the judgment and decree dated 28.10.2014 passed by Additional District Judge, Jhajjar vide which appeal of the plaintiff has been decreed in to to thereby entitling him for a decree of specific performance of agreement to sell dated 08.02.2006 and the judgment and decree dated 29.08.2011 passed by the trial Court to the extent of allowing recovery of Rs. 6 lacs was modified to that extent.

(2.) The lower Appellate Court also directed the defendants to execute the sale deed by appearing before the Sub-Registrar, Bahadurgarh on or before 28.02.2015 on receiving balance sale consideration, failing which the plaintiff was held to get the sale deed executed by the process of the Court.

(3.) Plaintiff filed suit for possession by way of specific performance of contract in respect of suit land. Out of total land share of defendants came out to be 37 Kanals 11 Marlas. Defendants purchased the land vide registered sale deed dated 16.09.2003 and 08.11.2004 and mutations were also sanctioned in their favour. Defendants were willing to sell the land in question and hence they executed agreement to sell in favour of plaintiff on 08.02.2006 @ Rs. 6 lacs per acre and also received Rs. 3 lacs as earnest amount. Target date for registration of sale deed was fixed as 08.08.2006.