BAKSHISH SINGH Vs. DHARAMPAL GUPTA

JUDGEMENT

(1.) Appellant has preferred this regular second appeal against the judgment and decree dtd. 15/5/2018 passed by Additional District Judge, Patiala, whereby the appeal filed by the appellant against the judgment and decree dtd. 19/4/2017 passed by Civil Judge (Junior Division), Rajpura was dismissed.

(2.) Respondent/plaintiff filed a suit for specific performance of agreement to sell dtd. 6/9/2008 in respect of suit land. Permanent injunction was also sought, restraining the defendant from creating any third party interest over the suit property.

(3.) The pleaded case of the plaintiff was that defendant vide agreement to sell dtd. 6/9/2008 had agreed to sell the suit land measuring 10 bighas of land fully detailed in the headnote of the plaint along with passage, electric connection, kotha, cattle shed, residential house @ Rs.8.00 lacs per bigha to the plaintiff. Defendant received an amount of Rs.10.00 lacs as earnest money from the plaintiff. The target date for execution of sale deed was fixed as 20/10/2008 after making payment of remaining sale consideration. Plaintiff pleaded that he was always ready and willing to perform his part of obligation, but the defendant has failed to perform his part of obligation. 20/10/2008 was the holiday and the plaintiff remained present in the office of Sub Registrar on 21/10/2008 along with remaining sale consideration and expenses towards execution and registration charges of sale deed from 9 AM till evening, but the defendant did not turn up. Plaintiff got the affidavit attested from the Executive Magistrate-cum-Tehsildar in token of his presence. After 21/10/2008, the plaintiff approached the defendant with a request to execute the sale deed after getting the land demarcated. Out of total 222 bighas and 9 - 1/2 biswas of land, two other brothers of the defendant namely Sadh Singh and Ram Singh were also having shares in the suit land. The shares of brothers of the defendant had also been purchased by 2 the plaintiff by getting the sale deed executed and registered in favour of his son and other partner Rajesh Kumar vide sale deed 22/1/2007. Uncle of the defendant was also having share in the land measuring 12 bighas and 13 biswas and 06//2/3 biswasis in the total land measuring 222 bighas, 9 - 1/2 biswas. The said land was also purchased by the plaintiff in the name of his wife vide sale deed dtd. 1/9/2008. The aforesaid facts were in the knowledge of the defendant. Plaintiff made it clear to the defendant that he will purchase the entire chunk of land for establishing a project in the land of the defendant, his brothers and uncle. In view of above situation, defendant started blackmailing the plaintiff by demanding more money for execution of sale deed arising out of agreement to sell.