SHARDA SHARMA Vs. BHAGWAN DASS

JUDGEMENT

(1.) By this judgment Regular Second Appeal Nos.1855 and 1856 of 2013 shall stand disposed of as the property in dispute as well as parties to the litigation in both the appeals are common. For facility of reference, parties are being referred by name.

(2.) Smt. Sharda Sharma, the appellant, was owner of the property in dispute. It is undisputed that Sharda Sharma entered into an agreement to sell with Bhagwan Dass, the respondent, on 111.2003 and received an earnest money to the tune of Rs.2,00,000/-. As per the agreement to sell, sale deed was to be executed and registered on 11.10.2004. On 11.10.2004, the date for execution and registration of the sale deed was extended to 10.04.2005.

(3.) Sharda Sharma, the appellant, filed a suit on 31.05.2005 seeking declaration that she is owner in possession of the land in dispute and the earnest money of Rs.2,00,000/- paid under the agreement to sell dated 12.11.2003 stood forfeited. She also prayed for relief of injunction, restraining Bhagwan Dass from interfering in her possession.