MANJIT KAUR Vs. BALHAR SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 22.01.2016 passed by the Addl. Civil Judge (Sr. Divn.) Moga vide which the application filed by the petitioner/defendant to treat the issue of readiness and willingness as preliminary issue in a suit for specific performance was dismissed.

(2.) Brief facts are that the plaintiffs/respondents filed a suit for specific performance on the basis of agreement to sell dated 09.05.2011 entered between the petitioner and the respondents in respect of 114 Kanals 7 Marlas of land. Respondents also prayed for execution of sale deed in their favour in equal shares of the land for a consideration of Rs.4,15,94,812.50 by adjusting Rs.1,00,00,000/- received as earnest money by the petitioner. The respondents also prayed for a decree for permanent injunction restraining the defendant from alienating the suit property by creating any encumbrance over it.

(3.) It was alleged by the petitioner that after filing the replication on 16.02.2015, the suit was adjourned on number of times on the statements of the respondents that they have compromised the matter with the petitioner and as per compromise they were ready and willing to get the sale deed executed as per agreement dated 09.05.2011 after paying the balance sale consideration to the petitioner on 15.06.2015. The counsel for the petitioner also suffered a statement that the petitioner will execute the sale deed in favour of the respondents after receiving the balance sale consideration on 15.06.2015.