MUKHTIAR KAUR Vs. DALBARA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment and decree dtd. 11/5/2018 passed in Civil Appeal No.52 of 2016 by the Additional District Judge, Ludhiana by which the first Appellate Court while affirming the findings recorded by the trial Court, has dismissed the appeal. This appeal is also directed against the judgment and decree passed by the Civil Judge (Jr. Division), Ludhiana in Civil suit No.348 of 2009 on 26/8/2016 by which the suit for possession by way of specific performance of agreement to sell dtd. 30/11/2017 filed by the plaintiff-respondent was decreed and the defendant was directed to execute the sale deed of the suit property as per the aforesaid agreement to sell and hand over vacant possession of the suit property to the plaintiff on payment of balance sale consideration within two months, failing which, the plaintiff was held to be at liberty to execute the judgment and decree by adopting legal course.

(3.) Plaintiff filed the suit on the basis of agreement to sell dtd. 30/11/2007 whereby the defendant agreed to sell the plot in issue along with construction, which has been detailed in the plaint, on receipt of Rs.40.00 lacs as earnest money out of total sale consideration of Rs.51.80 lacs while the remaining consideration amount was to be paid at the time of registration of sale deed on or before 30/11/2008.