PRTITAM SINGH AND ANR Vs. KARAN GARG

JUDGEMENT

(1.) Defendants have preferred this Regular Second Appeal against concurrent judgments and decrees passed by the Courts below in a suit for specific performance of agreement to sell dated 13.11.2006 and for permanent injunction.

(2.) Brief facts of the case are that the plaintiff filed a suit for specific performance on the basis of agreement to sell dated 13.11.2006 and for permanent injunction restraining the defendants from alienating the suit property in any manner to any other person except the plaintiff. It was also alleged by the plaintiff that the defendants were the co-sharers to the extent of half share in house measuring 8 Biswas and were in exclusive possession of house measuring 4 Biswas (34' x 53') consisting of three rooms, three shops, kitchen and bathroom etc. The defendants entered into an agreement to sell dated 13.11.2006 for a consideration of Rs. 9 lakhs and received an amount of Rs. 2 lakhs as earnest money. The date for execution of sale deed was fixed on or before 30.07.2007. The registration charges were to be born by the plaintiff and the remaining sale consideration was to be paid at the time of registration of the sale deed. The possession was held to be delivered after the execution of sale deed.

(3.) Plaintiff further alleged that on the target date, he remained present in the office of Sub-Registrar, Dhuri on 30.07.2007 along with remaining sale consideration and registration charges, but the defendants did not come present to perform their part of obligation. Plaintiff always remained ready and willing to perform his part of contract. Thereafter defendants started threatening to alienate the suit property. Earlier the plaintiff filed a suit for permanent injunction in which ad interim injunction was granted when the defendants refused to executed the sale deed. That is how the suit came to be filed before the trial Court.