DHARAM PAL Vs. BALDEV GIR @ DAYA RAM

JUDGEMENT

(1.) The present Regular Second Appeal (hereinafter referred to as the "RSA") has been instituted by the appellant-plaintiff assailing the judgment and decree dtd. 2/6/2001 rendered by the learned Additional District Judge, Rupnagar. By virtue of the impugned judgment, the learned First Appellate Court partly allowed the appeal preferred by the respondent-defendants and consequently declined the principal relief of specific performance of the agreement to sell as sought by the appellant plaintiff, thereby modifying the judgment and decree dtd. 4/8/1997, passed by the learned trial Court to that extent.

(2.) Briefly stated, the case of the plaintiff is that an agreement to sell dtd. 11/10/1985 was executed by defendant No.1 in his favour in respect of the suit land measuring 4 Kanals 16 Marlas for a total sale consideration of Rs.6,000.00. At the time of execution of the agreement, a sum of Rs.5,000.00 was paid as earnest money, and the balance amount of Rs.1,000.00 was agreed to be paid at the time of execution and registration of the sale deed.

(3.) Upon service of summons, defendant No.1 entered appearance and filed a written statement, wherein he categorically denied the execution of any agreement to sell in favour of the plaintiff. However, thereafter, defendant No.1 failed to contest the proceedings and was accordingly proceeded against ex parte.