PRITAM LAL Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is a Regular Second Appeal by the plaintiff challenging the concurrent findings of the Courts below. The plaintiff's suit for specific performance was partly decreed, as the trial Court awarded recovery of Rs.62,500.00 with interest but declined specific performance. The plaintiff's first appeal was dismissed.

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

(3.) Defendant No.1 Smt. Gurnam Kaur, was allotted Plot No.1 in Scheme No.7 by the Kaithal Improvement Trust/Municipal Committee through allotment letter dtd. 19/6/1982 (Ex.D15) for a total price of Rs.17,375.00, out of which she deposited one-fourth (Rs.4,375.00). The plot measured about 250 sq. yards approximately, subject to adjustment on actual measurement at the time of possession, with additional charges for access area, if applicable. The allotment letter also required execution of an agreement with the Improvement Trust within one month.