JARNAIL SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) The defendant/appellant is in Regular Second Appeal against the concurrent finding of fact arrived at by the Courts below.

(2.) The plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dtd. 11/7/2008. As per the agreement, total sale consideration was Rs.7,00,000.00 out of which Rs.6,00,000.00 were paid as earnest money.

(3.) The sale deed was to be executed and registered on 15/10/2009. The date was extended by executing a writing on the back of the first page duly signed by the parties and fresh date was fixed as 5/5/2010. The plaintiff visited the office of the Sub Registrar for execution of the sale deed. However, the defendant did not come forward for completion of the contract. The plaintiff marked his presence. He filed a suit for specific performance on 4/10/2010. It was pleaded that the plaintiff was always ready and willing to perform his part of the contract.