MAJOR SUDHIR NARULA Vs. SHARU RAM

JUDGEMENT

(1.) Present Regular Second Appeal has been filed by the plaintiff of the case against judgment dtd. 21/9/1990 of the First Appellate Court of Learned Additional District Judge, Gurugram, upholding the judgment dtd. 24/11/1988 of the Trial Court, dismissing the suit filed by the plaintiff (appellant herein) seeking decree for specific performance of agreement to sell dtd. 11/2/1981 in respect of suit land situated in District Gurugram.

(2.) Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the Trial Court.

(3.) Admittedly, an agreement to sell dtd. 11/2/1981 (Ex.P-6) was executed between plaintiff -Major Sudhir Narula (appellant herein) and defendant No.1 - Sharu Ram (respondent No.1 herein through his LRs), regarding sale of suit land for consideration of Rs.18,150.00. An amount of Rs.500.00 was paid by the plaintiff to defendant No.1 as earnest money. Target date for execution/ registration of sale deed was agreed to be 31/7/1981, on which the remaining sale consideration was to be paid. Usual default clauses were also incorporated in the agreement to the effect that in case the proposed vendee fails to get the sale deed executed and registered in his favour up to the target date, the earnest money paid by him shall stand forfeited; whereas, in case the vendor fails to execute and get the sale deed registered, then the vendee will have the right to get the sale deed executed through the process of the Court.