SANJEEV KUMAR KATARIA Vs. INDERJIT GOYAL

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned lower Appellate Court reversing that of the trial Court and thereby dismissing the suit of the plaintiff-appellant for specific performance of an agreement to sell dated 25.2.1988 in respect of plot No. 420, Sector 15, Panchkula measuring 1 kanal for a total sale consideration of Rs. 2,05,000/-.

(2.) THE learned lower Appellate Court found as a fact that the plaintiff- appellant had made significant interpolations in the agreement to sell in so much as the amount of earnest money viz. Rs. 10,000/- was changed into Rs. 40,000/- and that the last date for execution of sale deed was changed from 5.4.88 to 28.4.88.

(3.) LEARNED counsel for the appellant then argued that in view of the proven facts that there was an agreement to sell between the parties; that the respondent was a willing party; that the total price was fixed and that the appellant had completely shown his readiness and willingness it was not a case where the relief of specific performance of the contract could have been refused. In my opinion the exercise by the learned lower Appellate Court of this discretion in refusing the discretionary relief of specific performance in view of the finding of the interpolation cannot be faulted.