RAJWANT SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) Present Regular Second Appeal is directed against the concurrent findings of fact recorded by both the Courts below, whereby Additional Civil Judge [Senior Division], Chandigarh vide judgment and decree dated 14.03.2014 decreed the suit of Pawan Kumar, plaintiff [respondent herein] for specific performance of agreement of sale dated 25.7.2005 [Ex. P1] and the first appeal filed by Rajwant Singh, the present appellant, was dismissed vide judgment and decree dated 15.5.2014 by learned District Judge, Chandigarh.

(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, that parties to the litigation allegedly entered into an agreement of sale of house measuring 200 sq. yards in Village Khuda Ali Sher, U.T. Chandigarh, dated 25.7.2005 for total sale consideration of Rs. 10.00 lacs. A sum of Rs. 1.00 lacs was paid as earnest money against receipt in the presence of two witnesses, namely, Gurdial Singh, Sarpanch and Ajmer Singh, Ex -Sarpanch of the village and remaining amount was to be paid at the time of execution of sale deed. However, the defendant failed to get the sale deed executed. Though, the plaintiff appeared before the Sub Registrar, Chandigarh alongwith balance consideration on the date fixed, legal notice was also issued but to no effect and as such, suit was filed by the plaintiff.