CHARANJIT SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) Present regular second appeal, filed by the defendant, against concurrent findings of facts having been recorded by both the Courts below in a suit for possession by way of specific performance of the agreement of sale dated 26.2.2005 executed by the defendant/appellant. The Court of first instance decreed the suit. The defendant preferred first appeal and the same was dismissed by learned Additional District Judge, Ludhiana and as such present regular second appeal before this Court.

(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 set up by the plaintiff that agreement of sale dated 26.2.2005 was executed by the defendant qua the suit land and a sum of Rs. 10,00,000/- was paid as earnest money. Target date for registration of the sale deed was fixed as 30.6.2006. Plaintiff was always ready and willing to perform his part of the contract. But defendant failed to perform his part of the contract despite legal notice and as such necessity of the suit.