JIT RAM Vs. SURINDER KAUR AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts. The suit filed by the Kulwinder Singh - plaintiff for specific performance of agreement of sale dated 11.11.2005 was decreed vide judgment and decree dated 14.1.2013 passed by Civil Judge [Senior Division]. The first appeal filed by the present appellant was dismissed by learned Additional District Judge, Shaheed Bhagat Singh Nagar vide judgment and decree dated 25.7.2013.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Plaintiff Kulwinder Singh filed a suit for specific performance of agreement of sale dated 11.11.2005 with the direction to the defendant [appellant herein] to execute sale deed in respect of land measuring 10 Kanals 13 Marlas, situated in the revenue estate of Village Jania, Tehsil and District Nawanshahr. As per the plaintiff, payment of earnest money of Rs.3.00 lacs was to be made and sale deed was to be executed. The total sale consideration was determined to be Rs.10,11,750/-. The balance payment was to be made at the time of execution of the sale deed i.e. on or before 20.5.2006. However, the defendant failed to get the sale deed executed and as such necessity of filing the suit had arisen.