MAJOR SINGH AND ANOTHER Vs. RANJIT SINGH

JUDGEMENT

(1.) CM No.2040-C of 2015 For the reasons stated in the application, the same is allowed and the delay of 61 days in re-filing the appeal beyond 40 days is condoned.

(2.) CM No.2041-C of 2015

(3.) The defendants are in second appeal in a suit for specific performance and permanent injunction filed by the plaintiff in Civil Suit # 62 of 2.4.2009. The defendants agreed to sell 11 kanals of land described in the head note of the plaint in a village in District Bathinda by entering into an agreement to sell on December 29, 2003 with the plaintiff. The land was agreed to be sold at Rs.3.20 lacs per acre and the defendant received earnest money of Rs.4.30 lacs. The target date fixed was June 30, 2006 when the balance amount would be paid and the sale executed between the parties before the Sub Registrar, Nathana. The plaintiff pleaded that possession was delivered on the spot on date of signing the contract. It was known to the parties that the suit land was mortgaged to a bank. The mortgage was not redeemed and the sale deed could not be executed on the target date. Eighteen days before the target date i.e. June 12, 2006, the date was mutually extended to December 15, 2008 for registration of the sale deed.