KULDIP KAUR Vs. SAMARJEET KAUR

JUDGEMENT

(1.) PRESENT Regular Second Appeal against judgment and decree dated 23.01.2012 passed by District Judge, Jalandhar whereby judgment and decree dated 27.10.2010 passed by Court of Civil Judge (Senior Division), Jalandhar was set aside and appeal was accepted.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) DETAILED facts of the case have already been recapitulated in the judgments of both the Courts below. However, relevant facts for the purpose of decision of appeal that plaintiff Samarjeet Kaur had filed suit for specific performance of agreement of sale on the basis of agreement dated 24.09.2003 with regard to Flat No.25, MIG Flats, Urban Estate, Phase -I, Tehsil and District Jalandhar. As per plaintiff, defendant entered into agreement of sale dated 24.07.2003 in favour of plaintiff with regard to property in dispute for a total sale consideration of Rs. 5,50,000/ -. Rs. 2,00,000/ - was paid as earnest money. The target date for execution of sale deed was fixed to be 26.10.2004. On the date fixed plaintiff remained present in the office of Sub Registrar, Jalandhar along with balance sale consideration and registration charges etc. but the defendant did not turn up. Rather she told the plaintiff that 'No Objection Certificate' could not be obtained from PUDA authorities and as such the date for execution of registration of sale deed was extended to 26.10.2005 with mutual consent of the parties and additional payment of Rs. 1,00,000/ - was made on the said date. Plaintiff again visited the office of Sub -Registrar, Jalandhar but defendant did not turn up and plaintiff got his presence marked in the office of Sub Registrar, Jalandhar by moving an affidavit. The plaintiff has always been ready and willing to perform her part of contract but the defendant has failed to perform her part and has not come forward and as such necessity of the suit.