BHUPINDER SINGH Vs. JANGIR SINGH

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 filed a suit for possession on the basis of agreement of sale dated 05.07.2006. The total sale consideration was fixed to be Rs. 19,50,000/ - and a sum of Rs. 2,90,000/ - was received as earnest money and balance payment was to be made on or before 30.04.2007. Thereafter, defendant No.1 never came forward to get the sale deed executed though plaintiff always remained ready and willing to perform his part of the agreement. He has remained present in the office of sub -registrar Fazilka along with balance sale consideration and registration charges but defendant No.1 did not turn up till evening of 30.04.2007. Plaintiff had also got attested his affidavit in token of his presence. Legal notice was sent through counsel and still no response. More so, the plaintiff was not the owner of 22 kanals 18 marlas of land, which was the subject matter of the agreement. Rather he was owner of 20 kanals 15 marlas. Plaintiff was ready to get the sale deed executed qua land measuring 20 kanals 15 marlas. As per plaintiff, defendant No.1 ready to transfer the land measuring 21 kanals 19 marlas including the suit land in favour of defendant No.6 and 7, vide registered sale deed dated 26.07.2007 and handed over the possession of above said land to defendant Nos.6 and 7. Plaintiff came to know about the said act of defendant No.1 in August 2007. Thereafter, he filed the suit.