(1.) Present regular second appeal, filed by the defendant, against concurrent findings of facts having been recorded by the Courts below, whereby suit of the plaintiff for specific performance of agreement of sale dated 30.11.2006 was decreed by the Court of first instance but instead of grant of relief of specific performance, decree for recovery of Rs. 7,00,000/- along with interest was passed. Plaintiff preferred an appeal before the first Appellate Court, who modified the judgment & decree, passed by the Court of first instance and decreed suit of plaintiff for possession by way of specific performance of agreement of sale dated 30.11.2006.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first instance.
(3.) Relevant facts of the case that plaintiff had filed suit for possession by way of specific performance of agreement of sale dated 30.11.2006 executed by the defendant in favour of plaintiff in respect of the suit land. In the alternative, for recovery of Rs. 7,50,000/- which included Rs. 3,50,000/- already paid by the plaintiff as earnest money and Rs. 3,50,000/- as penalty and Rs. 50,000/- for damages on account of loss of bargain. The alleged agreement was to be executed on or before 15.6.2007 on payment of remaining sale consideration. As per plaintiff, he always remained ready and willing to perform his part of agreement and for that purpose, he approached the defendant also to get the sale deed executed but to no avail and as such suit before the Court of first instance.