SHAGAN SINGH Vs. OM SINGH

JUDGEMENT

(1.) CM No. 8441-C-2014 The application is allowed as deficiency in Court fees has been made good subject to all exceptions. CM stands allowed. CM-8440-C-2014 For the reasons mentioned in the application, which is duly supported by an affidavit, the delay of 56 days in re-filing the appeal is condoned. CM stands disposed of. RSA-3634-2014

(2.) The appellant-plaintiff is aggrieved of the dismissal of non-granting of the discretionary relief under Sec. 20 of the Specific Relief Act, 1963 and has been only held entitled to recovery of the suit amount i.e. Rs. 1,15,000.00 along interest @ 12% per annum from 10.12.2004 till filing of the suit and pendente lite and further interest @ 6% per annum till its realization.

(3.) Mr. Sandeep Jasuja, learned counsel appearing on behalf of the appellant-plaintiff submits that the suit for specific of the agreement to sell dated 10.12.2004 in respect of land measuring 10 kanals 10 marlas detailed as (a) 8 kanals 12 marlas, i.e. ⅙ share of 51 kanals 11 marlas comprised of Rect. No.8 Killa No.11/1 (3-0), 21(8-0), 22 (7-8), 23 (8-0), 24/2 (2-0), 25(6-2), rect. No.9, Killa No.23/2/2 (4-8), 17/2 (0-4), 24 (8-0), 25/1 (4-0), Khewat No.452, Khatoni No.537, and (b) 01 kanal 18 marlas i.e. 38/587 shares of 29 kanals 8 marals comprised Rect. No.8, Killa No.24/1 (6-0), Rect. No.9 Killa No.14 (7-7), 18 (8-0), Khewat No.453, Khatoni No.540 as per Jamabandi for the year 1999-2000 situated at Village Ladhuka, Tehsil Fazilka, was filed against the payment of earnest money of Rs. 1,15,000.00 which was agreed to be sold @ Rs. 90,000.00 per acre. The appellant-plaintiff had always been ready and wiling to perform his part of the agreement to sell and appeared before the office of Sub-Registrar Fazilka on 20.05.2005. Preceding to filing of the suit, a legal notice dated 30.05.2005 was sent and accordingly, the suit was filed on 09.12.2005. The respondent-defendant was served and appeared through his counsel, but did not file written statement and his defence was struck off. Thereafter, he did not appear and was proceeded ex parte. The agreement to sell had been proved through the testimony of attesting witness i.e. PW-2 Kulwant Singh and the scribe, namely, Sucha Singh (PW-3). Both of them have deposed in terms of the averments in the suit, much less, the payment of earnest money of Rs. 1,15,000.00. The service/legal notice has also been proved on record. The Courts below relied upon the entry dated 07.08.2004 in the jamabandi for the year 1999- 2000 to show that the property was mortgaged with PADB Bank, Fazilka. It is, in this background of the matter, the discretionary relief has been declined. In support of his contentions, he relies upon the judgment of this Court rendered in " Raj Singh Vs. Inder Jeet", 2005 (2) RCR (Civil) 479 , thus, urges this Court for formulation of the following substantial questions of law:-