RAJIV GARG Vs. NIRMAL KANT BANSAL AND ORS.

JUDGEMENT

(1.) THE instant Regular Second Appeal is at the instance of the defendant against the judgment passed by both the Courts below in a suit for possession by way of specific performance. The Lower Court passed a decree for recovery of double the amount of earnest money in favour of the plaintiff which was affirmed by the Additional District Judge, Panchkula vide judgment dated 29.11.2011. Cross objections have also been filed by the plaintiff.

(2.) THE brief facts of the case are that Rajiv Garg and Gurdial Dass owned a property measuring 14 marlas situated in Sector 16, Panckula. They entered into an agreement to sell the property to the plaintiff namely Nirmal Kant for a total consideration of Rs. 32,50,000/ - vide agreement dated 29.03.2003. A sum of Rs. 3,00,000/ - was paid as earnest money. The parties agreed to get the sale deed executed on 15.06.2003. Defendant No. 1 the GPA holder of defendant No. 2 undertook to obtain No Objection Certificate, No Due Certificate and permission to transfer the property from various departments including income tax clearance and hand over possession of the property at the time of execution of the sale deed. It was further averred in the plaint that he was ready and willing to perform his part of the contract. It turned out to a holiday being Sunday on the day fixed for execution of the sale deed. The plaintiff informed the defendants through telegram dated 14.06.2003 requiring his presence on 16.06.2003 being the next working day for getting the sale deed executed. The case set up by him was that he appeared before the Sub Registrar, Panchkula and got his affidavit attested and was present from morning till evening with sale consideration of Rs. 29,50,000/ - but the defendant failed to appear and did not obtain the necessary certificates nor got the property vacated from the tenant. He asked defendant No. 1 to return double the earnest money which was refused.

(3.) ON the above pleadings, the trial Court framed the following issues: -