RACHNA KUMARI (DECEASED) Vs. ROMESH LAL @ ROMESH KUMAR

JUDGEMENT

(1.) The defendant-appellant is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below, decreeing the suit for specific performance of the agreement to sell dated 30.6.1995.

(2.) In the considered opinion of this Court, question of law which needs determination is whether the judgments passed by the courts below which are result of misreading and non-reading of the basic document, i.e. agreement to sell. There was an agreement to sell between the parties dated 30.6.1995, agreeing to sell the land measuring 32 kanals for a total sale consideration of Rs. 36,000.00, out of which Rs. 5,000.00 was paid as earnest money. As per the agreement to sell, 20.9.1995 was fixed the target date for execution and registration of the sale-deed.

(3.) Two sale-deeds pursuant to agreement to sell dated 30.6.1995 were executed by the defendant-appellant on 15.9.1995 with respect to 16 kanals and 8 kanals land respectively. Second sale-deed with regard to 8 kanals of land was executed in favour of cousin of the plaintiff namely Parshotam Lal, which is not disputed fact.