SURJIT SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) This regular second appeal challenges the concurrent finding of the Courts below whereby the suit filed by respondent-plaintiff Swaran Singh was decreed for possession of House No.151 Street No.10, Mohalla Har Kishan Nagar, Shimlapuri, Ludhiana measuring 115 square yards by way of specific performance of the agreement dated 17.04.2000 on payment of balance sale consideration and the appellant-defendant was also restrained from alienating the suit property.

(2.) The case of the respondent-plaintiff, in brief, is that appellantdefendant entered into agreement dated 17.04.2000 for the sale of house in dispute for a consideration of Rs. 3,60,000 out of which he had received a sum of Rs. 3,40,000 a year prior to the execution of agreement, which amount was adjusted as earnest money. The sale deed was to be executed within a period of one year i.e. up to 17.04.2001. The appellant-defendant had requested to allow him to stay in the disputed house for one year and due to his acquaintance and being in similar profession, respondent-plaintiff agreed for the same. A legal notice dated 03.04.2001 was served on the appellantdefendant asking him to execute the sale deed as per agreement. After serving the notice, respondent-plaintiff came to know that the appellantdefendant was involved in various cases of cheating including the one of attempt to sell the disputed house to one Sushil Gupta by changing its khasra numbers from 984 to 930 and 931 and giving it Corporation No.1515. When the sale deed was presented before the Sub Registrar, Ludhiana, it was got impounded by the respondent-plaintiff.

(3.) Respondent-plaintiff was always ready and willing to perform his part of contract and also remained present in the office of Sub Registrar, Ludhiana throughout the day on 17.04.2001 and got his presence marked but the appellant-defendant did not turn up there. The ultimate refusal of appellant-defendant to perform his part of contract culminated into filing of the instant suit.