DARSHAN SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THE defendant is in second appeal.

(2.) THE facts of this case are that Darshan Singh defendant-appellant herein is the owner of land measuring 8 Kanals 5 Marlas and plot measuring 10 Marlas situated in village Kangniwal and Chandan Singh Tehsil and District Jalandhar which he agreed to sell to the plaintiff by way of an agreement to sell dated 15.6.1982 for a sum of Rs. 52,025/- and had received a sum of Rs. 20,000/- as earnest money. According to the agreement to sell, the sale deed was to be executed till 31.1.1983. Since the plaintiff had lost previous agreement to sell dated 15.6.1982, therefore, by virtue of a subsequent agreement to sell dated 29.1.1983 the date for execution of sale deed was extended to 10.6.1983 and the defendant had received another sum of Rs. 10,000/- from the plaintiff. Therefore, the sale consideration amount remained to be paid was Rs. 22,025/-. It was further pleaded by the plaintiff that he was and is still ready and willing to perform his part of contract and accordingly made several requests to the defendant. It was pleaded that on 10.6.1983, the plaintiff had gone to the office of Sub Registrar with the remaining sale consideration of Rs. 22,025/- but the defendant did not turn up. The plaintiff has alleged that he has given a notice to the defendant on 10.6.1983 itself and then on 21.7.1983 and 29.7.1983 to get the sale deed executed but to no avail, therefore, the present suit has been filed on 5.8.1983 for specific performance of the agreements dated 15.6.1982 and 29.1.1983 and in the alternative for decree of recovery of Rs. 50,000/- i.e. 30,000/- as advance money and Rs. 20,000/-as damages with interest @ 18% per annum.

(3.) ON the basis of the pleadings of the parties, the trial Court struck the following issues :