JAI KISHAN Vs. BHAGWAN DASS

JUDGEMENT

(1.) THIS appeal has been preferred by appellant - defendant feeling dis -satisfied against judgment and decree dated October 6, 2014 passed by Additional District Judge, Kaithal, in Civil Appeal No. 484 of 2013 titled 'Bhagwan Dass v. Jai Kishan', whereby well reasoned judgment and decree dated August 12, 2011 passed by Civil Judge (Senior Division), Kaithal, dismissing suit of respondent - plaintiff has been reversed.

(2.) THE facts necessary for disposal of instant appeal are that respondent - plaintiff filed a suit for recovery of Rs. 2,65,000/ - against appellant - defendant on the ground that appellant - defendant had executed an agreement of sale dated September 5, 2008 with respondent - plaintiff in respect of two plots of shops measuring 100 square yards for total sale consideration of Rs. 12 lac on receipt of a sum of Rs. 2,40,000/ - as earnest money. Said agreement was entered into by appellant - defendant on the basis of an agreement to sell dated July 11, 2008 executed by owners of property in question. Balance amount of sale consideration was payable at the time of execution of sale deed and date stipulated for execution of sale deed was fixed to be on or before March 20, 2009. Since appellant - defendant was not owner of property in suit, subject matter of agreement of sale dated September 5, 2008, instead of seeking specific performance of above referred agreement of sale, respondent - plaintiff felt satisfied with recovery of amount paid by him as earnest money alongwith interest. Accordingly, he filed suit for recovery which was dismissed by learned trial court holding that respondent - plaintiff was not possessing balance sale consideration on stipulated date and, as such, was not ready and willing to perform his part of agreement.

(3.) AGGRIEVED against reversal of judgment of learned trial court by the lower appellate court, appellant - defendant has approached this Court by way of this appeal.