AMARJIT KAUR Vs. KULDIP SINGH AND ANOTHER

JUDGEMENT

(1.) The unsuccessful plaintiff has filed this regular second appeal against the judgment and decree dated 08.01.2013 passed by Shri G. S. Dhillon, Additional District Judge, Hoshiarpur, vide which the appeal preferred by the plaintiff/appellant against the judgment and decree dated 03.08.2010 passed by Ms. Preeti Sahni, Civil Judge (Senior Division), Hoshiarpur, was dismissed.

(2.) Brief facts of the case as gathered from the record are that plaintiff filed a suit for specific performance to the effect that the defendants were owner of the suit property. They entered into an agreement to sell in favour of the plaintiff vide agreement to sell dated 14.11.2003 for total sale consideration of Rs. 2,20,000/-. The entire sale consideration was received at the time of execution of agreement to sell. The stipulated date of agreement and registration of sale deed was 09.09.2004. It was further agreed between the parties that in case the defendants fail to execute the agreement to sell on or before 09.09.2004, the plaintiff will have the right to get the sale deed executed and registered through court. It was further alleged that on 09.09.2004, plaintiff was very much present in the office of Tehsildar and remained there for full day but the defendants did not turn up. The plaintiff marked his presence by getting an affidavit attested from Sub Registrar, Hoshiarpur. It was further alleged that the plaintiff was always ready and willing to perform his part of the contract. Hence, the suit was filed.

(3.) On put to notice, the defendants appeared and filed written statement taking preliminary objections that the suit is not maintainable; the plaintiff has not come to the court with clean hands. On merits, it was admitted that the defendants were owner of the suit property. The other facts were denied.