RANJIT SINGH AND ANOTHER Vs. HARBANS SINGH

JUDGEMENT

(1.) C M-13655-C-2015 This is an application filed by the applicant-appellant for condonation of delay of 17 days in re-filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, the application for condonation of delay is hereby allowed.

(2.) Plaintiff-Respondent Harbans Singh filed the suit for specific performance directing the defendants to specifically perform the contract effected by an oral agreement dated 30.03.2007 entered into by them for transferring by way of sale of the land measuring 02 Kanals 14 Marlas detailed and described in the head-note of the plaint situated at village Nikko Sarai, Tehsil Dera Baba Nanak, Distt. Gurdaspur by getting the sale deed dated 30.03.2007 registered. In alternative the recovery of Rs.1,60,000/- by way of refund of the amount paid, has been prayed for.

(3.) As per the averments in the plaint the defendants agreed and contracted with the plaintiff to sell the land in dispute for a sum of Rs.1,60,000/- after obtaining the entire sale consideration of Rs.1,60,000/-. The stamp papers were purchased and the sale deed in favour of the plaintiff was executed on 30.03.2007. Plaintiff was also delivered the actual physical possession of the suit land. However, at the time of presentation of the aforesaid sale deed executed by the defendants they slipped away from the Tehsil compound Dera Baba Nanak and did not appear before the Sub Registrar for its registration. Hence this suit.