USHA MOHAN Vs. KULWANT SINGH

JUDGEMENT

(1.) Notices for service of sole respondent Kulwant Singh were issued time and again but the same could not be served. The process server's report was received that he had left the house where he had been residing and had shifted residence to unknown address. In these circumstances, the appellant was allowed by this Court service of respondent to be effected through publication in the newspaper "The Tribune" vide order dated January 27, 2016.

(2.) The Lower Court record has been received and perused with the assistance of Mr. Sunil Chadha, learned Senior counsel for the appellant. Vide order dated July 31, 2017 the respondent was ordered to be proceeded against ex parte and the case was adjourned for ex parte arguments and that is how the matter came up for hearing on September 11, 2017 when arguments were heard and judgment reserved which is being pronounced today.

(3.) This is plaintiff's appeal in a suit for possession as owner by way of specific performance of agreement to sell dated January 27, 2006 executed by defendant Kulwant Singh vendor in favour of the plaintiff proposing to transfer title of suit house admeasuring 127 sq. yrd situated in Hardial Nagar, Baloke, Tehsil and District Ludhiana bearing Khasra No.29/4 Khata No.23/23 as per Jamabandi for the year 1998-99 Hadbast No.103 in favour of the plaintiff. Direction was claimed to the defendant to execute and get registered sale deed in favour of plaintiff, the defendant having received the full sale price (leaving payable nil by the plaintiff) and for injunction restraining the defendant from alienating and transferring the suit property. The total sale consideration was Rs.3.00 lakh. The defendant received Rs.50,000.00 as earnest money in advance. Out of the balance amount Rs.50,000.00 was paid in cash whereas a cheque of Rs.2.00 lakh was handed over to the defendant to cover the total sale consideration. In addition, a sum of Rs.30,000.00 was also paid in the cash towards purchase of stamp papers for executing the sale deed. The target date was January 31, 2006 in the contract of sale.