UTTAR SINGH Vs. PAL SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 2.8.2007 passed by the learned lower appellate Court vide which in suit for specific performance filed by the plaintiff/respondent alternative relief of refund of money has been granted.

(2.) THE plaintiff/respondent brought a suit for specific performance of agreement dated 2.5.2000, which was said to have been executed by the appellant/defendant for sale consideration of Rs.7,25,000/ -. A sum of Rs.5,00,000/ - was paid as earnest money, and it was agreed that the sale was to be executed on 25.10.2000. On the date fixed for execution, the plaintiff/respondent went to the office of Sub Registrar and got himself marked present, whereas defendant/appellant failed to appear before the Sub Registrar.

(3.) THE learned trial Court dismissed the suit.