GURDEV SINGH Vs. JORA SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal against the judgment and decree of the learned Civil Judge, Junior Division, Rajpura dated 3rd September, 2014 and the appellate decree dated 23rd February, 2015 passed by the learned Additional District Judge, Patiala.

(2.) The plaintiff instituted a suit on 19th December, 2008 for possession by way of specific performance of an agreement to sell dated 18th May, 1993. In the alternative, the prayer was for recovery of Rs. 34,000/- and Rs. 29,000/- paid in advance towards earnest money and Rs. 5,000/- on account of damages etc. with interest @ 18% per annum till realization by deducting the amount of Rs. 5,000/- already paid. The suit was dismissed qua specific performance and instead the alternative prayer has been granted refunding Rs. 29, 000/-.

(3.) In order to cover up the inordinate delay in presentation of the suit, the plaintiff pleaded that it was only on 5th December, 2008 that he came to know on obtaining a copy of the Jamabandi of the suit land that mutation of inheritance has been sanctioned in the name of the defendant despite a covenant in the sale agreement that execution of the sale deed was dependent on a contingency of defendant becoming owner of the suit property over which he had no rights on the date of making contract. The contract breached, the plaintiff called upon the defendant to admit his claim which met refusal and led to the lawsuit. Learned trial court found no clarity in the pleadings in the plaint explaining delay as to how and from where the plaintiff gained knowledge of the mutation of inheritance recorded in the Jamabandi or why he woke up so late. The mutation of inheritance was sanctioned in the defendant's name in the year 2000. The trial court has held the suit to be hopelessly time barred. However, while declining the discretionary relief of specific performance, learned trial Judge granted the alternative relief of recovery of money to the extent of Rs. 29,000/- from the defendant @ 12% per annum from the date of filing of the suit till the passing of the decree with 6% per annum interest from the date of decree till its actual realization.