KAMAL KUMAR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) Defendants of the case are before this Court in the present Regular Second Appeal against the concurrent findings of the Courts below, inasmuch as suit for possession by way of specific performance regarding the property in dispute filed by plaintiffs (respondents herein) was decreed by the trial Court on 1/3/2011 and the First Appellate Court upheld the said findings vide judgment dtd. 7/9/2013, dismissing the appeal of the defendants (appellants herein).

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

(3.) As per the case pleaded by the plaintiffs, Surinder Kumar (defendant No.1) and his brother Mohinder (predecessor-in-interest of defendants No.2 to 4) agreed to sell 24 kanal of their land detailed in the plaint @ Rs.4,65,000.00 per acre vide an agreement dtd. 31/5/2005 Ex.P1. They received an amount of Rs.2.00 lakhs as earnest money. Sale deed was agreed to be executed and got registered on or before 26/12/2005 on payment of the balance sale consideration. It was claimed by plaintiffs that they have always been ready and willing to perform their part of contract. Prior to the target date, one of the vendor - Mohinder expired on 22/10/2005 and his rights were inherited by defendants No.2 to 4. On the target date of 26/12/2005, plaintiffs appeared in the Office of Sub-Registrar, Barara but since it was a holiday, defendants did not turn up. Plaintiffs got an affidavit prepared from the Deed Writer. On the next day, i.e. 27/12/2005, the plaintiffs again visited the Office of Sub Registrar, Barara and waited for the defendants whole of the day but they did not turn up, though plaintiffs were having the balance sale consideration and the remaining amount necessary for execution and registration of the sale deed. Plaintiffs then got their presence marked in the Office of Sub Registrar in this regard. It is submitted that they requested the defendants several times to execute the sale deed and get it registered in terms of the agreement but they refused, compelling the plaintiffs to file the suit.