BILLU RAM AND ANOTHER Vs. BIMLA DEVI

JUDGEMENT

(1.) Plaintiffs have come in Regular Second Appeal against the concurrent findings recorded by the Courts below in a suit for specific performance of agreement to sell.

(2.) Plaintiffs filed a suit for specific performance of agreement to sell dated 31.5.2005 for the sale of shop measuring 15x60 feet including structures which is part of house No. R/773, situated at Paras Ram Nagar Chowk, Bathinda having specified boundaries as given in the plaint. In alternative a decree for recovery of Rs. 4,00,000/- on account of earnest money and damages has been claimed in lieu of non performance of agreement to sell along with interest @ 18% p.a. as per market usage.

(3.) Respondent- Bimla Devi is the vendor, whereas, Billu Ram and Manpreet Singh are the proposed vendees. Total amount of consideration was fixed as Rs. 5,75,000/-. Amount of Rs. 2,00,000/- was paid towards earnest money and 15.9.2005 was fixed as target date for execution and registration of sale deed. As per case of the plaintiffs, the defendant did not come present before the Sub Registrar on the target date for execution and registration of sale deed, whereas, proposed vendees appeared and got their presence marked. Thereafter, suit for specific performance was filed on 5.12.2005.