AMARJIT SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) The appellant-plaintiff is in Regular Second Appeal against the findings rendered by the lower Appellate Court, whereby the lower Appellate Court has declined the relief of specific performance of agreement to sell dated 17.10.2000 on the following grounds:-

(2.) Mr. Thakur, learned counsel appearing on behalf of appellant submits, that the respondent-defendant has not challenged the findings rendered by the lower Appellate Court, vis-a-vis the execution of the agreement to sell, thus, the findings for the same need not be interfere with.

(3.) He further submits that agreement to sell was executed on 17.10.2000. The stipulated date for execution and registration of the sale deed was 30.03.2003 which was extended to 09.10.2003. However, the respondent-defendant did not appear before the Registrar accordingly the suit was filed on 09.01.2004, preceded by the legal notice dated 13.10.2003, thus, there could not be any scope for not exercising the discretionary relief under Section 20 of the Specific Relief Act and further submits that following substantial question of law arises for determination:-