JHUJJAR SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) The plaintiff is before this court impugning the judgment and decree of the learned lower appellate court, vide which that of the trial court was reversed and the suit for possession by way of specific performance of agreement to sell, was dismissed.

(2.) Learned counsel for the appellant submitted that the agreement to sell pertaining to 10 marlas house was executed by the respondent in favour of the appellant on 20.12.2004 for a total sale consideration of Rs. 25,00,000/-. Earnest money of Rs. 3,00,000/- was paid. The last date for execution of the sale deed was 20.3.2005, which was extended to 6.4.2005 and another sum of Rs. 25,000/- were paid. On 6.4.2005, the appellant purchased stamp papers of Rs. 1,62,000/- and remained present before the Sub-Registrar throughout the day, however, the respondent did not come.

(3.) The suit was filed on 22.4.2005, in which the respondent appeared on 9.5.2005. The appellant was ready and willing to get the sale deed registered on the date fixed, i.e., 6.4.2005. It is evident from the fact that he had purchased the stamp papers worth Rs. 1,62,000/-. Filing of suit nearly two weeks thereafter further fortifies this fact. He is still ready and willing to get the sale deed registered. Though the trial court had rightly decreed the suit, however, the learned lower appellate court, without there being any reason, reversed the judgment and decree of the trial court and dismissed the suit. Even if the appellant is not entitled to specific performance of agreement to sell, the earnest money cannot be forfeited.