MANJIT KAUR Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) Bakhtawar Singh respondent-plaintiff filed Civil Suit No. 221 of 2002 seeking relief of specific performance of agreement dated 18.7.2001 vide which appellant-defendant had agreed to sell land measuring 20 kanals 0 marla for sale consideration of Rs. 3,75,000/-.

(2.) As per plaintiff's case, defendant vide agreement dated 18.1.2001 agreed to sell his 20 kanal 0 marla land @ Rs. 1,50,000/- per acre and received Rs. 1,00,000/- as an earnest money. The date for execution and registration of the sale deed was fixed as 18.7.2002 on which date both the parties reached the office of Sub-Registrar, Nawan Sahar and were apprised about pen down strike by officials in the office of Sub-Registrar, as a result of which, the sale deed could not be executed. With mutual consent, the date for execution of sale deed was extended to 18.10.2002 and writing to this effect was also made on the back of the original agreement in the presence of witnesses. However, when the writing was being scribed, the defendant suddenly walked off from the seat of scribe. The plaintiff waited till 5.00 p.m. and ultimately sworn an affidavit. The plaintiff alleged that he was always ready and willing to perform his part of contract but the defendant had resiled from the same.

(3.) In written statement, defendant contested the claim of plaintiff with the plea that he had failed to perform his part of contract, to make payment of balance sale consideration and to get sale deed executed in terms of the agreement. He had failed to turn up on the stipulated date to get the sale deed executed. The defendant had agreed to sell the land to purchase other land and very purpose of agreement to sell executed by her got defeated by the act and conduct of plaintiff who was never ready and willing to perform his part of contract.