GURNAM SINGH Vs. BALDEV RAJ

JUDGEMENT

(1.) GURNAM Singh and Tarsem Singh -appellants/defendants have filed this regular second appeal against Baldev Raj -respondent/plaintiff challenging the impugned judgment and decree dated 4.3.2015 passed by the learned District Judge, Pathankot allowing the appeal filed by Baldev Raj -plaintiff against the impugned judgment and decree dated 26.9.2013 passed by Civil Judge (Senior Division), Pathankot, vide which the suit filed by the plaintiff has been dismissed.

(2.) THE brief facts of the case are that Baldev Raj -plaintiff filed suit against Tarsem Singh and Gurnam Singh -defendants for specific performance of the agreement to sell dated 20.2.2006 executed by the defendants in favour of the plaintiff for the sale of land measuring 17 Kanals 15 Marlas for total sale consideration of Rs. 12,32,500/ -. The plaintiff had already paid a sum of Rs. 2 Lacs to the defendants as earnest money. The plaintiff also prayed for permanent injunction restraining the defendants from alienating the suit land and in the alternative also for recovery of Rs. 4 Lacs.

(3.) IN brief, the case of the plaintiff is that the defendants executed the agreement to sell dated 20.2.2006 for sale of the suit land @Rs. 5,60,000/ - per acre and total sale consideration of Rs. 12,32,500/ - and received Rs. 2 Lacs as earnest money. The sale deed was to be executed on or before 30.6.2006. On that day, the plaintiff remained present in Tehsil premises from 9.00 am to 5.00 p.m. with sufficient amount to meet the expenses for execution, but the defendants failed to turn up for registration of sale deed and as such the defendants have committed breach of the agreement.