GURMAIL SINGH AND ORS Vs. GIRDHARI LAL

JUDGEMENT

(1.) Defendants are in second appeal in a suit for possession by way of specific performance of the agreement to sell dated 07.06.2003 on payment of balance sale consideration of Rs.2,25,000/-.

(2.) Plaintiff alleged that defendants No.1 and 2 are husband and wife and they were having share in joint land as shown in the head note of the plaint. Defendant No.1 entered into an agreement to sell dated 07.06.2003 in respect of his share whereas defendant No.2 also agreed to sell land to the extent of her share from the total land measuring 68 bighas 3 biswas that comes out to be 10 biswas being 200/1363 share. The rate was fixed as Rs.62,500/- per bigha. An amount of Rs.4,00,000/- was taken as earnest money at the time of execution of agreement. The target date for execution of sale deed fixed as 09.12.2003.

(3.) The agreement was scribed by Rana Partap Singh as deed writer. Defendants No.1 and 2 failed to register and execute the sale deed on 09.12.2003 so the target date for execution of sale deed was extended up to 17.12.2003 and endorsement was made to that effect. On the target date, plaintiff attended the office of Sub Registrar, Rajpura along with balance sale consideration and got his presence marked whereas defendants failed to perform their part of obligation. Plaintiff always remained ready and willing to get the sale deed executed and registered in his favour after making good the balance payment. Plaintiff further alleged that defendants No.1 and 2 got the entire land mortgaged with Punjab Housefed Chandigarh and this fact came to his knowledge when he obtained jambandi. With this background, the suit in question came to be filed.