SUNDER LAL Vs. CHOLAR RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the concurrent findings recorded by both the Courts below, whereby the suit for possession by way of specific performance filed by the plaintiff-respondent Cholar Ram was decreed by the learned trial Court vide judgment dtd. 30/11/1995, and the appeal preferred by the defendant-appellant Kuda Ram was dismissed by the learned First Appellate Court on 8/10/1996.

(2.) To avoid any confusion, the parties are being referred to as per their status before the trial Court. The record of the Courts below (available on DMS) has been perused with the able assistance of learned counsel for both sides.

(3.) Plaintiff's Case :The case of the plaintiff is that defendant No.1 - Kuda Ram, by virtue of an agreement to sell dtd. 28/5/1990 (Ex.P1), agreed to sell his 1/2 share out of agricultural land measuring 48 Kanal 8 Marla situated in village Koer, Tehsil and District Karnal, as described in para 2 of the plaint, for a total sale consideration of Rs.1,92,540.00. An amount of Rs.25,000.00 was paid as earnest money vide receipt (Ex.P2) at the time of execution. It was stipulated that the sale deed would be executed and registered on or before 28/12/1990 upon payment of the balance sale consideration, and that possession would also be delivered on that day. Since part of the land measuring 8 Kanal was under mortgage with one Jado Ram, it was agreed that the defendant would get the same redeemed before execution of the sale deed.