SHAHID AHMAD Vs. MOHINDER KAUR

JUDGEMENT

(1.) Plaintiff is in second appeal.

(2.) For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the plaintiff and the respondents as the defendants.

(3.) Plaintiff filed suit for specific performance propounding agreement to sell dtd. 30/3/2005 executed in his favour by defendant No.1. It was pleaded by the plaintiff that defendant No.1 agreed to sell house admeasuring 137 Sq. yards in his favour for a total sale consideration of Rs.3,00,000.00. Rs.2,75,000.00 already stood paid to defendant No.1 and balance amount of Rs.25,000.00 was to be paid on the date of registration of sale deed which was agreed to be 27/6/2005. Plaintiff claimed that he always remained ready and willing to perform his part of the agreement. He appeared before the O/o Sub Registrar on 27/6/2005 along with balance sale consideration. However, defendant No. 1 failed to perform his part and remained absent on the target date. Plaintiff being interested in purchase of the house, served defendant with the legal notice dtd. 4/8/2005 requesting him to come present in the O/o Sub Registrar on 27/9/2005. However, despite his repeated requests, defendant No.l remained inert. Plaintiff thus prayed for possession of the suit property by way of specific performance of the agreement to sell dtd. 30/3/2005.