BAKSHISH KAUR Vs. GURMEJ SINGH

JUDGEMENT

(1.) The defendant-appellant has filed the present Regular Second Appeal assailing the judgments and decrees passed by the learned trial Court dated 19.02.1996 and by the learned lower appellate Court dated 14.03.2002.

(2.) Briefly stated, the facts of the case are that Gurmej Singh, plaintiff respondent filed a suit of possession for a specific performance of an agreement dated 28.10.1992 alleged to have been executed by the appellant on her behalf as well as on behalf of her husband, namely Gurdev Singh. According to this agrement to sell, the sale was to be executed on 15.06.1993. The total sale consideration was fixed at Rs. 7.95,185/- out of which Rs. 1,00,000/- were paid as earnest money and rest was to be paid at the time of execution of the sale deed. One of the stipulations in the sale agreement was that the appellant was required to refund the earnest money and pay damages to the tune of Rs, 1,00,000/- in the event of any default committed by her pursuant to the contract of sale and the normal clause of forfeiture of the earnest money was there in case the respondent committed default in the performane of his part of the contract. The appellant did not deny the execution of the sale agreement in so far as her share was concerned, but denied that she has executed any agreement to sell on behalf of her husband. It was denied that she has any authority to execute any sale transaction on behalf of her husband. It was also denied that on 15.06.1993 the respondent ever came present in the office of Sub-Registrar with the balance sale consideration to perform his part of the agreement. Broadly on these pleadings, the trial Court framed the following issues:

(3.) The trial Court, thereafter went on to decree of the suit of the respondent for possession by way of specific performance of the agreement only in respect of the share of the appellant and the respondent was directed to pay half of the total sale consideration of Rs. 7,95,185/- within a period of three months after deducting amount of Rs. 1,00,000/- paid as earnest money. The appellant was directed to execute the regular sale deed within a period of four months.