GURMAIL KAUR AND ORS. Vs. GURMEET SINGH

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 03.04.2014 passed by the learned Additional District Judge, Patiala, vide which the appeal preferred against the judgment and decree dated 06.08.2012, passed by the learned Addl. Civil Judge (Sr. Division), Patiala, has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) Plaintiff -respondent filed suit a suit for specific performance of agreement to sell dated 30.08.2003 on the allegations that the appellants had agreed to sell their share of land in the suit land measuring 54 Bighas 9 Biswas to the extent of 16 Bighas 6 1/2 Biswas along with all the rights appurtenant thereto situated in village Reetkheri, Tehsil and District Patiala at the rate of Rs. 3, 50,000/ - per acre to the plaintiff. Plaintiff paid Rs. 5,50,000/ - as earnest money at the time of execution of the agreement. The remaining sale consideration was to be paid at the time of execution and registration of the sale deed. However, on 02.05.2004, defendants i.e. Gurmail Kaur and Sher Singh further obtained a sum of Rs. 1 lac from the plaintiff towards the balance sale consideration. The target date for execution of the sale deed was fixed as 14.12.2004. On 14.12.2004, the plaintiff remained present in the office of Sub -Registrar, Patiala along with remaining sale consideration and the necessary funds to meet out the execution and registration charges of the sale deed. But, the appellant -defendants did not appear. Plaintiff also got marked his present in the office of Sub -Registrar, Patiala. Hence the suit.