RAM Vs. SURJIT KAUR ALIAS SUKHJIT KAUR

JUDGEMENT

(1.) Present regular second appeal, filed by the plaintiff, against the judgment & decree dated 30.10.2015, passed by learned District Judge, Rupnagar, whereby judgment & decree dated 29.8.2014, passed by learned Civil Judge (Junior Division), Anandpur Sahib was set aside. For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(2.) Relevant facts of the case that plaintiff had filed suit for specific performance of agreement of sale dated 4.6.2009 and target date for execution of the sale deed was fixed to be 5.11.2009. As per plaintiff, defendant failed to execute the sale deed in favour of the plaintiff on or before 5.11.2009. On request of defendant, the time for getting the sale deed executed was extended upto 15.1.2010 and then upto 18.2.2010 and endorsements to that effect were made on reverse of first page of agreement of sale. Thereafter, on 16.2.2010, son of defendant received a sum of Rs. 4,00,000/- in presence of Dr. Manoj Kaushal, on behalf of his mother and made endorsement on the reverse of second page of agreement of sale.

(3.) However, the above endorsement dated 16.2.2010 could not be typed in the legal notice and reminder, inadvertently. The sale deed was to be executed on 18.2.2010. Plaintiff visited the office of Sub Registrar, Anandpur Sahib along with balance sale consideration and stamp paper, but defendant did not turn up to get the sale deed executed. Plaintiff got his presence marked by way of affidavit. Oral requests to get the sale deed executed was of no avail.