RANJIT SINGH Vs. SHAKTI SINGH

JUDGEMENT

(1.) THE plaintiff, whose suit for confirmation of possession by way of specific performance of an agreement to sell, or, in the alternative, suit for the recovery of Rs. 20,000/-, was dismissed and his first appeal against the said judgment and decree dismissed, has filed the present second appeal.

(2.) THE plaintiff had pleaded that on 4.3.1980, Karam Singh predecessor in interest of present respondent Nos. 1 to 4, entered into an agreement with him to sell his land measuring 37 kanals 19 marlas situated in village Dharampur to him. It was agreed that the sale-deed was to be executed by Karam Singh within 10 days of the decision by the Court in respect of the litigation which Karam Singh had with the Service Society, Dharampur, regarding the suit land. Further that, the sale was to be for a total consideration of Rs. 4,940/-, out of which Rs. 2,000/- was received at the time of execution of the agreement to sell and the remaining amount to be paid at the time of execution and registration of the sale-deed. It was also stipulated that in case Karam Singh refused to execute the sale-deed in his favour, the plaintiff would be entitled to get the sale-deed executed through the Court of law and also to receive Rs. 2,000/- as damages along with earnest money. On the other hand, if the plaintiff failed to get the sale-deed executed, the earnest money paid by him would be forfeited. The plaintiff was put in possession of the land measuring 32 kanals 7 marlas out of the land agreed to be sold and the possession of the remaining land was to be given at the time of execution of the sale-deed. On 17.6.1980, Karam Singh, owner of the property, received another sum of Rs. 1,000/- from the plaintiff and made an endorsement to the said effect on the back of the agreement to sell. However, a week before the filing of the present suit, the plaintiff came to know from the Halqa Patwari that the mutation of the suit land had been sanctioned in favour of Karam Singh. The plaintiff met Karam Singh to proceed ahead with the execution of the sale-deed but he put off the matter, hence suit for specific performance of agreement to sell dated 4.3.1980 of and measuring 37 kanals 19 marlas, or, in the alternative for recovery of Rs. 20,000/- was filed.

(3.) AFTER perusing the evidence led by the parties, learned trial Court came to a conclusion that the plaintiff had failed to show his readiness and willingness to perform his part of the contract and therefore, not entitled to get the specific performance of the agreement to sell dated 4.3.1980. Further that the execution case titled Dharampur Cooperative Agriculture Service Society, Dharampur v. Karam Singh was dismissed as withdrawn as unsatisfied on 19.2.1983 and therefore, the period of 10 days for execution of the sale-deed was to be counted from the said order. In spite of the same, the plaintiff failed to show that he ever asked Karam Singh to perform his part of the contract. He was also not shown to be ready and willing to perform his part of the contract. He had not served any written or oral notice upon Karam Singh to get the sale-deed executed. Accordingly, Issue Nos. 1 to 3 were decided against the plaintiff. Issue Nos. 4 and 5 were also decided against the plaintiff. The appeal of the plaintiff was dismissed with costs by learned Additional District Judge, Hoshiarpur on 22.9.2004, who found no illegality or infirmity in the judgment under appeal.