MONICA RANA Vs. HARBANS LAL

JUDGEMENT

(1.) This second appeal against order of the First Appellate Court's order remitting the matter back to the trial court has been filed by the plaintiff. The trial court decreed the plaintiff's suit for the specific performance of the agreement to sell on the basis of statement given by the defendant conceding to the case of the plaintiff. The First Appellate Court has accepted the appeal and set aside the judgment passed by the trial court on the ground that the admission of the defendant cannot be treated as unequivocal.

(2.) The relevant facts in brief, are required to be noticed in order to comprehend the issues involved in the present case.

(3.) The plaintiff Smt.Monica Rana filed a suit for specific performance on 21st, July 2008. It was claimed by the plaintiff that the defendant agreed to sell 16 kanals land vide the agreement to sell dtd. 24/3/2008. In the alternative, the plaintiff also prayed for recovery of Rs.14,00,000.00. The defendant entered appearance through counsel and made a statement that he is conceding to the plaintiff's case. At that stage, the plaintiff disputed the amount of sale consideration. In fact, as per the agreement to sell, the land was agreed to be sold at the rate of Rs.7,00,000.00 per acre whereas the plaintiff claimed the rate to be Rs.6,75,000.00 per acre. Thereafter, the suit remained pending. On 24/4/2012 defendant alongwith his counsel Sh. J.S.Dehriwal suffered the following statement:-