BINDU JAIN Vs. AMARJIT SINGH DHILLON AND OTHERS

JUDGEMENT

(1.) I shall be disposing of two connected regular second appeals, bearing Nos.5942 of 2015 and 233 of 2016, filed separately by husband (Respondent No.1) and wife (Respondent No.2), against a common judgment.

(2.) Detailed facts of the case have already been noticed by the Courts below. However, to complete the narrative, some facts are being noticed.

(3.) Plaintiff-respondent filed a suit on 21.07.2005, for possession for specific performance of agreement to sell dated 31.02004. The execution of the agreement to sell dated 31.02004, is admitted. It is also admitted by the parties that out of total sale consideration of Rs. 37,25,000/-, Rs. 5,00,000/- was received as earnest money. It was agreed that the sale deed would be executed and registered on 16.08.2004.The target date for execution of the sale deed was extended on 09.09.2004 to 28.02.2005. Bindu Jain, the wife had not signed this endorsement/extension of the date of execution of sale deed. Kulbir Jain, the husband had signed. At this stage, it would be relevant to note few clauses of the agreement to sell. Clause 3 of the agreement to sell reads as under:-