DILBAGH SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) A civil suit for specific performance was filed by plaintiff Dilbagh Singh against defendant Gurdial Singh alias Dial Singh on 9. 3. 1981 in the court of Sub Judge, Dasuya. The plaintiffs case was that the defendant Gurdial Singh had entered into an agreement on 10. 1. 1978 to sell land, measuring 18 Kanals 12 Marias, at the rate of Rs. 1,400/- per kanal. Sale-deed was required to be executed on or before 15. 1. 1979. A sum of Rs. 16,000/- was paid by the plaintiff to the defendant on the date on which the agreement to sell was executed. The plaintiff was put in possession of the suit land and he continued to be in possession till the filing of the suit. Time to execute the sale deed was extended by agreement dated 14. 1. 1979 upto 15. 1. 1980 as defendant could not get the revenue records corrected. The plaintiff paid a further sum of Rs. 7,000/- to the defendant. The defendant sought more time for correction in the revenue records and time for the execution of the saledeed was, therefore, further extended upto 31. 1. 1981 by agreement dated 26. 1. 1980. A sum of Rs. 800/- was more paid to the defendant. Thus, out of the sale consideration of Rs. 26,000/-, the plaintiff paid in all the Rs. 23,800/- to the defendant.

(2.) THE plaintiff claimed in his plaint that he was always ready to get the said deed executed on payment of the balance sale amount of Rs. 2200/- to the defendant but the latter was not coming forward to execute a sale deed in terms of the agreement. It was also explained that some other land, in lieu of the suit land, came to be allotted to the defendant during consolidation proceedings by the Consolidation authorities and the plaintiff, therefore, wanted sale of that land to him by the defendant. In the alternative, the plaintiff wanted the return of Rs. 23,800/- with damages amounting to Rs. 2,200/ -.

(3.) THE plaintiffs suit was decreed with costs on 12. 3. 1983 and the plaintiff was declared entitled to recover the amount of Rs. 23,800/- paid by him to the defendant and the sum of Rs. 2,200/- by way of damaged. Interest at the rate of 6 per cent, per annum was also allowed from the date of the filing of the suit.