NEELAM RANI Vs. SUMAN BHARTI

JUDGEMENT

(1.) PRESENT Regular Second Appeal against the concurrent findings of both the Courts below in a suit for possession by way of specific performance of agreement of sale.

(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 both the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal that plaintiff Suman Bharti filed suit for possession by way of specific performance of agreement of sale dated 26.03.2004. As per plaintiff, the agreement of sale was duly executed on 26.03.2004 and a sum of Rs. 1,25,000/ - was received as earnest money. The target date for execution of sale deed was fixed on or before 30.08.2004. On the date fixed, the plaintiff remained present in the office of Sub -Registrar along with balance sale consideration but the defendant never turned up. Legal notice was issued but no effect and as such the suit before the Court of first instance.