KIRPAL SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) Plaintiff-Appellant is in the regular second appeal against the concurrent finding of fact arrived at by the Courts below.

(2.) In the considered opinion of this Court, following substantial question of law arise for consideration:-

(3.) Plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 23.08.1985 with respect to land measuring 7 kanals and 7 marlas. It was pleaded that the defendant is owner of the property. He had mortgaged the land in dispute with possession in favour of the plaintiff on 08.01.1982 against Rs.10,000/-. The plaintiff claims that he is in possession and the defendant further entered into an agreement to sell with him on 23.08.1985 for a total sale consideration of Rs.40,000/- out of which Rs.9500/- was paid as earnest money. It was pleaded that as per the agreement to sell, the sale deed was to be executed on 15.06.1986 on payment of remaining sale consideration which the defendant failed to honour. Plaintiff visited the office of the Sub-Registrar on 13.06.1986 as 14.06.1986 and 15.06.1986 were holidays and again visited on 16.06.1986 i.e. the next working day but the defendant did not come present. It was further pleaded that the plaintiff got served a notice on the defendant on 30.05.1986 calling upon the defendant to come and execute the sale deed on the target date.