GURPREET SINGH Vs. GURINDER SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff has approached this Court by way of instant regular second appeal against the impugned judgment of reversal dated 2.1.2017 passed by the learned District Judge, whereby first appeal filed by the defendants against the judgment and decree dated 6.1.2015 of the learned trial court decreeing the suit for specific performance and declaration, was allowed and alternative relief was granted to the plaintiff-appellant for recovery of earnest money, along with reasonable rate of interest.

(2.) Brief facts of the case, as noticed by the learned first appellate court in para 2 and 3 of its impugned judgment, are that Gurpreet Singh-plaintiff filed suit for possession by way of specific performance of agreement to sell dated 26.08.2010 vide which defendant No.1-Bhupinder Singh agreed to sell shop measuring 45 sq. yards bearing khasra numbers with specific boundaries fully detailed in the head note "A" of the plaint, situated near MRF Agency, Ward no.2, Bus Stand, Bhawanigarh, Tehsil and District Sangrur, as per jamabandi for the year 2008-09, on payment of balance sale consideration and defendants No.2 and 3 be also directed to join defendant No.1 to execute and register the sale deed and in the alternative suit for recovery of Rs. 4,00,000/- i.e. Rs. 2,50,000/- paid as earnest money and Rs. 1,50,000/- as liquidated damages alongwith interest @18% per annum from the date of agreement till realization. Further suit for declaration to the effect that transfer deed No.3021 dated 14.02.2011 executed by defendant No.1 in favour of defendants No.2 and 3 was illegal and liable to be set-aside. Further suit for permanent injunction restraining defendants No. 2 and 3 from alienating, mortgaging or transferring the shop in dispute to any other person except the plaintiff and further restraining the defendants from raising any sort of construction or changing nature of the shop in dispute.

(3.) Plaintiff submitted that defendant No.1 was exclusive owner in possession of shop in dispute. The site plan was placed on the record. Defendant No.1 agreed to sell the shop in dispute to the plaintiff and executed agreement to sell dated 26.08.2010 which was got typed by him in the presence of plaintiff and Pappi Ram and Om Parkash witnesses. Vide said agreement, defendant No.1 agreed to sell the shop in dispute for a sum of Rs. 4,00,000/- and received Rs. 2,50,000/- as earnest money. The agreement to sell was signed by defendant No.1, after admitting its contests as correct, in the presence of plaintiff and witnesses who also signed the same. The agreement to sell was attested by Ashok Kumar Goyal, Advocate, Notary Public, Bhawanigarh who appended his stamp and signatures on the name and entered the same in his register at serial No.300 dated 26.08.2010. The agreement to sell was handed over to the plaintiff. The original agreement was placed on the record. As per the agreement, the sale deed was to be executed on or before 31.03.2011. The balance sale consideration was to be paid at that time and possession was also to be delivered. It was also agreed that if defendant No.1 failed to get the sale deed executed as per terms of agreement to sell, then plaintiff shall have the right to get the sale deed executed and registered through Court or defendant No.1 will be liable to pay double amount of earnest money to the plaintiff.