JASWINDER SINGH Vs. NIRMAL KAUR

JUDGEMENT

(1.) The present appeal has been filed by plaintiff Jaswinder Singh against the judgment and decree dated 8.04.2013 whereby the decree passed by the trial court in favour of the appellant for specific performance has been modified and the relief has been restricted to the return of earnest money paid pursuant to the agreement.

(2.) The brief facts of this case are, that the respondent Nirmal Kaur was the owner of the land measuring 2 Kanals comprised in khewat No. 54 khatauni No. 67 khasra No. 9//16/2 and khewat No. 55 khatauni No. 68 khasra No. 9//7 situated in the revenue estate of village Gopalpur, District Jalandhar. She entered into an agreement to sell this land to the appellant plaintiff vide agreement dated 27.06.2003 for a sum of Rs. 3 lakhs out of which she received the earnest money of Rs. 5 lakhs on the date of execution of the agreement to sell. The date specified for execution of sale deed was agreed to be within a period of one year. Thereafter, the parties mutually agreed twice to extend the date of execution of the sale deed. Ultimately, the appellant presented himself before the Sub-Registrar on the given date for getting the sale deed executed. However, the respondent did not turn up to execute the sale deed. Therefore, the suit was filed.

(3.) Before the trial court, parties led their evidence. The appellant examined both the attesting witnesses to the sale deed as PW-2 Joginder Singh and the Deed Writer Mukhtiar Din as PW- Roop Lal, Clerk of Suvidha Centre, Jalandhar was examined as PW-4 to prove the fact of purchase of Stamp Paper for affidavit regarding appearance before the Sub-Registrar.