PANKAJ KUMAR Vs. HEM RAJ

JUDGEMENT

(1.) Appellant-Pankaj Kumar was plaintiff before the trial Court and filed suit for possession by way of specific performance.

(2.) As per case of the plaintiff, one Rajesh Kumar being Power of Attorney of defendant-Hem Raj, executed an agreement to sell in his favour on 001.2008 for sale of suit land for consideration of Rs. 620.00 per square yard. Defendant received Rs. 30,000.00 as earnest money and balance sale consideration was to be paid at the time of execution, attestation and registration of the sale deed before the Sub Registrar, Kaithal. It was also agreed that the plaintiff was entitled to get the sale deed executed in his favour or in favour of any person of his choice. In case, the defendant failed to execute the sale deed, then the plaintiff was entitled to get the agreement to sell specifically enforced through the Court of law or to recover double of the amount of the earnest money. It was also a term and condition of the agreement to sell that in case, the plaintiff fails to get the sale deed executed then the earnest money would be forfeited and agreement to sell stand cancelled. In the suit, it was specifically mentioned that the plaintiff had always been ready and willing to perform his part of the contract but later on the defendant became dishonest and tried to alienate the suit land to any other person except the plaintiff. Plaintiff also filed a civil suit for permanent injunction on 05.02008 but it was withdrawn on 04.03.2008 with the liberty to file fresh suit for specific performance. It was also mentioned in the suit that plaintiff remained present in the office of Sub Registrar along with balance sale consideration from morning to evening but the defendant did not turn up and thereafter, the plaintiff got his presence marked. The defendant failed to perform his part of the agreement to sell and accordingly, the suit was filed.

(3.) Written statement to the suit was filed by Rajesh Kumar, General Power of Attorney of defendant-Hem Raj wherein certain objections were raised like, the suit was not maintainable, the plaintiff had not approached the Court with clean hands and suppressed the true and material facts from the Court and so on.