RAJINDER KUMAR Vs. RAM SARUP

JUDGEMENT

(1.) Defendant No. 2 Rajinder Kumar, who is the subsequent purchaser of the suit property, has filed this Regular Second Appeal against the judgments and decree, passed by both the Courts below, whereby the suit filed by the plaintiff for specific performance of the agreement dated 12.7.1995 qua' the property in question has been decreed.

(2.) In this case, respondent No. 2 (defendant No. 1) Jagdish was owner in possession of half share of the plot, over which he had raised some construction. He entered into an agreement of sale regarding his share in the suit property with respondent No. 1 (plaintiff) vide agreement dated 12.7.1995 for a consideration of Rs. 1,75,000/-, out of which Rs. 1,50,000/- were paid as earnest money at the time of agreement. The remaining amount was to be paid on 11.6.1996, the date which was agreed for registration of the sale deed. On the date fixed for registration of the sale deed, the plaintiff went to the office of Sub Registrar, Fatehgarh Sahib, but defendant No. 1 did not come for registration of the sale deed. Subsequently, on 15.7.1997, defendant No. 1 executed sale deed regarding the suit property in favour of defendant No. 2 for a sale consideration of Rs. 27,500/-only. Hence, a suit for specific performance was filed by the plaintiff.

(3.) Defendant No. 1 contested the suit while denying execution of the agreement as well as receipt of the earnest money. He also took the plea that the plaintiff was not ready and willing to perform his part of the contract. Defendant No. 2 contested the suit on the ground that lie is a bona fide purchaser of the suit property.