JASWINDER SINGH Vs. GURDEEP KAUR AND ANOTHER

JUDGEMENT

(1.) The present regular second appeal has been preferred by the appellant-plaintiff against the judgment and decree dated 09.05.2013, passed by learned Additional District Judge, Kapurthala, vide which the appeal filed by him against the judgment and decree dated 11.03.2011, passed by the learned Additional Civil Judge (Senior Division), Kapurthala has been dismissed.

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

(3.) The appellant-plaintiff filed the suit for possession by way of specific performance of agreement to sell dated 17.11.1999 or in the alternative for recovery of Rs.4,00,000/- along with interest. As per the averments in the plaint defendant No.1 Gurdeep Kaur was the owner in possession of the land measuring 24 Kanal detailed and described in the head-note of the plaint. She entered into an agreement to sell dated 17.11.1999 of said land to the plaintiff for a sale consideration of Rs.2,50,000/- and received a sum of Rs.1,00,000/- out of the total sale price. The stipulated date for execution of the sale deed was 12.11.2001.