RANJIT SINGH Vs. MEHMAL SINGH AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) This is second appeal against the judgment passed by Additional Civil Judge (Senior Division), Anandpur Sahib, whereby in the suit filed by appellant-plaintiff seeking relief of specific performance of the agreement to sell dated 07.10.2004, alternate relief of recovery of the earnest money with interest, was allowed.

(3.) The case of the plaintiff, in brief, is that on 07.10.2004, defendants No.1 and 2 namely Mehmal Singh and Joginder Singh entered into an agreement to sell land measuring 4 kanals 81/2 marlas as fully described in the headnote of the plaint for a sale consideration of Rs. 2,80,000/- and received Rs. 1,40,000/- as earnest money. The date for execution and registration of the sale deed was fixed as 15.09.2005 on which date, he appeared before the Sub Registrar, Nurpur Bedi, where defendant No.1 appeared but expressed his inability to execute the sale deed as defendant No.2 had not turned up. With the consent of the parties, it was decided that the sale deed will be executed on the next day, but on the next day, defendants did not turn up. The plaintiff has alleged that he remained ready and willing to perform his part of the agreement and also issued a notice on 02.09.2008 calling upon the defendants to execute the sale deed but of no avail, hence, this suit.