BANWARI LAL Vs. POONAM

JUDGEMENT

(1.) Defendants are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby suit filed by the plaintiff/respondent for possession by way of specific performance of Agreement to Sell dtd. 10/5/2017; and in the alternative for recovery of Rs.50.00 lacs paid as earnest money; has been decreed by both the Courts below for specific performance of the said Agreement.

(2.) It was the pleaded case of the plaintiff that vide Agreement to Sell dtd. 10/5/2017, defendant No. 1 had agreed to sell the suit land measuring 46K 17M for total sale consideration of Rs.55,04,875.00 of which defendant had received Rs.25.00 lacs as earnest money. The target date for execution of sale deed was fixed for 21/6/2017 after receiving balance sale consideration. It was pleaded that plaintiff had duly reached Tehsil office alongwith balance sale consideration and sundry expenses on the said date and kept waiting for the defendant to arrive. However, defendant No.1 had maliciously avoided to reach Tehsil office on 21/6/2017. On the contrary, defendant No.1 had transferred suit property in favour of his son/ defendant No.2 with a motive to dupe the plaintiff and usurp the amount of earnest money. Accordingly, present suit was filed on 5/7/2017.

(3.) Upon appraisal of the pleadings and the evidence led by the parties, the ld. Civil Judge (Senior Division), Abohar vide judgment and decree dtd. 31/10/2019 had decreed the suit of the plaintiff directing that "The suit of the plaintiff stands decreed with costs and further defendant the No.1 is hereby directed to execute the sale deed in respect of the suit land as fully described in the head note of the plaint within a period of three months from the date of this judgment after receiving the balance sale consideration failing which the plaintiff can get deposited the balance sale consideration in the court within further three months and can get executed the sale deed in her favour through court of law. Further, the sale deed executed by defendant No.1 in favour of defendant No.2 dtd. 2/6/2017 in respect of the suit land is also hereby declared as illegal, null and void and not binding upon the rights of the plaintiff. Further, defendants are permanently restrained from alienating, mortgaging and transferring the suit land in favour of any other person except the plaintiff."