AMRIK SINGH AND OTHERS Vs. KANWALJIT SINGH

JUDGEMENT

(1.) The appellants-defendants are in regular second appeal against the concurrent finding fact whereby the the suit for specific performance of agreement to sell dated 12.6.1986 in respect of land measuring 6 bighas out of land measuring 24 bighas 2 biswas had been decreed by the trial and the appeal preferred against the same before the lower appellate Court was also dismissed.

(2.) It would be apt to give relevant facts necessary for adjudication of the lis between the parties. The respondent-plaintiff instituted the suit for specific performance of the agreement on the premise that the appellantdefendant had agreed to sell land measuring 6 bighas out of land measuring 24 bighas 2 biswas and 0 biswanis comprised in khasra No.182, 187, khata No.9/20 and khasra No.226, khata No.9/21 and khasra Nos.223, 224, 225, 226 and khata No.9/21 as per the jamabandi for the year 1980-81 situated in village Alampur Chapra, Sub Tehsil Payal, Tehsil Khanna, District Ludhiana for a total sale consideration of Rs. 60,000/- against the payment of earnest money of Rs. 50,000/- with alternative payer of recovery of Rs. 60,000/- i.e. Rs. 50,000/- being paid as earnest money and Rs. 10,000/- as earnest money @18% per annum from 16.1986 to 14.6.1989. The target/stipulated date for execution and registration of the sale deed was 15.6.1987. A decree for permanent injunction restraining the defendants from interfering on the premise that possession of the land measuring 6 bighas being subject matter of agreement to sell was duly delivered to the respondent-plaintiff on the date of execution of the agreement to sell and thereafter, the respondentplaintiff remained in possession till Rabi 1991. The defendants took the advantage of the khasra girdawari in their name and forcibly taken possession of the suit property. As per the terms and conditions of the agreement, defendants were to execute and get the registered sale deed in favour of the plaintiff on receiving the balance sale consideration of Rs. 10,000/- on 15.06.1987. The respondent-plaintiff had always been ready and willing to perform his part of the agreement even till filing of the suit.

(3.) The plaintiff offered balance sale consideration of Rs. 10,000/- on the stipulated date but the defendants did not come forward despite the fact that the plaintiff waited before the office of Sub Registrar.