VIJAY SINGH Vs. MANIK RAM

JUDGEMENT

(1.) The defendant is in second appeal before this Court challenging the concurrent findings returned by the Courts below whereby the suit filed by the respondent/plaintiff for possession by way of specific performance of Agreement to Sell dtd. 10/6/2010, along with consequential relief of permanent injunction, has been decreed by both the learned Courts below.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court.

(3.) Brief facts as averred by the respondents-plaintiffs in the plaint are that appellants-defendants Vijay Singh and Sudesh resident of village Rewali have represented themselves that they are owners in possession of land situated in the area of Village Patti Kalyana, District Panipat and agreed to sell 04 Kanal of land being 2/5 share out of 09K-19 M of land situated in the Revenue Area of Village Patti Kalyana Tehsil and District Panipat comprised in Khewat No.1104/1069, Khatoni no.1155, Rect. No.39, Killa No.2/2/1(3-19), Khewat No.2117/2048, Khatoni No.2205, Rect. No.32, Killa No. 21/2(0-10), 22/2/2(2-9), Rect. No.39, Killa No.2/1. (3-1), Kittas 3 against total sale consideration of Rs.40,50,000.00. Vijay Singh and Sudesh had entered into an agreement to sell with the plaintiffs vide agreement dtd. 10/6/2010. At that time a sum of Rs.8,00,000.00 was paid to them as earnest money out of the total sale consideration of Rs.40,50,000.00. A separate receipt has also been executed along with agreement and the same was signed by both of them as well as Jai Karan son of Shri Mahabir and Manoj son of Mahinder as Witnesses. As per terms and conditions of this agreement to sell sale deed was to be executed on 9/12/2010 on receipt of balance sale consideration. It was also mutually agreed that in the event of refusal on the part of the defendants, the plaintiffs shall have a right to get this agreement specifically enforced through the court of Law and in the event of failure on the part of the plaintiffs, the earnest money of Rs.8,00,000.00 - given at the time of execution of the agreement would stand forfeited. It was further mutually agreed that successor in interest/ legal heirs of both the parties shall remain bound by the terms and conditions of this agreement and the owner shall not create any sort of encumbrances over the suit lands till execution and registration of the sale deed. The sale deed was to be executed on payment of expenses of stamp duty and registration charges by the plaintiffs. The plaintiffs have been willing and ready to perform their part of contract and has been tendering balance sale consideration to the defendants, but for the reasons best known to them defendants no.1 and 2 did not come forward to perform their part of agreement to sell dtd. 10/6/2010. The plaintiffs were present with remaining balance amount along with the expenses of execution and registration of the sale deed on 9/12/2010. The plaintiffs kept on waiting for the defendants to come in the office of Sub Registrar, Samalkha on 9/12/2010 but they did not turn up and plaintiffs got an affidavit attested to this effect from the Executive Magistrate Samalkha on 9/12/2010. The plaintiffs received a legal notice on behalf of the defendants through advocate regarding the execution and registration of sale deed within a period of 15 days from the receipt of this notice and reply of the same has been sent to their advocate through Registered AD on 5/1/2011 and it was requested that the plaintiffs are still ready and willing to perform their part of agreement to sell dtd. 10/6/2010. The plaintiffs again served a legal notice to the defendants on 22/4/2012 with the request to get the sale deed executed and registered in favour of the plaintiffs within a period of 30 days from the receipt of this notice with intimation to the plaintiffs. Reply to said notice was given by the defendants on 31/5/2011 through their advocate in which they had clearly mentioned that necessary permission to sell the share of the minors has been obtained vide order dtd. 15/4/2008 and requested to come present in the office of Sub-Registrar, Samalkha on 1/7/2011 to perform their part of agreement for execution and registration of the sale deed after paying the balance sale consideration. It has been further averred that on 1/7/2011, the plaintiffs remained present in the office of Sub-Registrar, Samalkha alongwith necessary expenses for execution and registration of the sale deed and balance sale consideration. The plaintiffs have withdrawn necessary stamp papers of Rs.1,12,500.00 on the same date. The plaintiffs again served a legal notice to the defendants on 28/3/2012 with a request to get the sale deed executed and registered in favour of the plaintiffs within a period of 30 days from the receipt of this notice and further requested to intimate the plaintiffs regarding the execution and registration of the sale deed as per the convenience of the defendants. But the defendants failed to perform their part of agreement to sell dtd. 10/6/2010 intentionally and knowingly. It has been further averred that the plaintiffs again sent a reminder to the defendants dtd. 7/5/2012 with the request to come present on 25/5/2012 for execution and registration of the sale deed after receiving balance sale consideration. But the defendants did not appear, and the plaintiffs got an affidavit attested to this effect from the Executive Magistrate, Samalkha on 25/5/2012. Hence, the present suit.