SHAKUNTLA DEVI Vs. AMAR CHAND

JUDGEMENT

(1.) THIS is unsuccessful defendant's regular second appeal.

(2.) PLAINTIFF filed suit for specific performance of agreement to sell dated 8.6.1981 in respect of house situated in Mohalla Kishanpura, Jalandhar City on payment of Rs. 5,000/- the balance amount payable by the plaintiff to the defendant and in the alternative suit for recovery of Rs. 45,000/-. According to the plaintiff he entered into an agreement with the defendant for sale of house for a valuable consideration of Rs. 45,000/-, vide agreement dated 8.6.1981. A sum of Rs. 40,000/- was paid by the plaintiff to the defendant at the time of execution of the agreement to sell and the remaining amount was to be paid at the time of execution and registration of the sale deed. Sale deed was to be executed within one year from the date of execution of sale deed. In this agreement it was stipulated that in case of breach of contract, the plaintiff could get the sale deed executed and registered by filing a suit for specific performance or he can get the double of the amount paid by him and in case the plaintiff fails to discharge his obligation his earnest amount was to be forfeited. According to the plaintiff, he was ever ready and willing perform his part of the contract whereas the defendant breached the essential terms of the contract. A registered notice was issued to the defendant for effecting sale but the same was received back un-delivered. Plaintiff reached the office of Sub Registrar on 6.6.1982 with an amount of Rs. 12,000/- but the defendant did not reach the office of Sub Registrar. Even the intimation sent to the defendant by telegram met with no success.

(3.) ON the pleadings of the parties following issues were framed:-