NARESH KUMAR Vs. SOHAN LAL

JUDGEMENT

(1.) This is appeal against judgment and decree dated 12.10.2015, passed by District Judge, Ambala whereby in suit seeking possession of suit land by way of specific performance of agreement dated 20.08.2007, alternate relief for recovery of earnest money with interest was allowed.

(2.) The parties will be referred as 'plaintiff' and 'defendant' as per civil suit.

(3.) Plaintiff-Sohan Lal (now respondent in this appeal) filed suit with averment that defendant-appellant vide agreement dated 20.08.2007 agreed to sell land measuring 22 kanals 12 marlas @ Rs. 4 lacs per acre and received an amount of Rs. 3,30,000/- as earnest money. The date for execution and registration of sale deed was fixed as 19.11.2007. On 18.11.2007, the defendant intimated plaintiff about his unavailability on 19.11.2007 and undertook to give new date for execution and registration of sale deed. Despite contacting him time and again, he did not pay any heed to the request of plaintiff to execute the sale deed and postponed the matter on one pretext or the other. Thereafter, plaintiff served legal notice dated 19.08.2010 calling upon the defendant to execute the sale deed on 30.08.2010. Plaintiff remained present in the office of Sub-Registrar, Naraingarh on 30.08.2010 but the defendant did not turn up, hence this suit.