KAMLESH RANI Vs. KARTAR CHAND

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for specific performance of agreement dated 10.8.1998, was decreed.

(2.) VIDE the aforesaid agreement, land measuring 6 kanals 2 marlas was purportedly agreed to be sold for a total sale consideration of Rs.6 lacs per acre. A sum of Rs.3,60,000/- was paid as earnest money. The balance was to be paid at the time of registration of the sale deed on or before 10.12.1998. On 17.12.1998, the parties extended the period for performance of the agreement to 21.1.1999. Since the sale deed was not executed as agreed, the plaintiff sought specific performance of the agreement by filing the present suit on 18.2.1999.

(3.) THE execution of the agreement to sell was found to be proved on the basis of the testimony of Darshan Kumar Sareen, deed writer, who appeared as PW2 and PW1- Saro, who deposed that a sum of Rs.3,60,000/- was paid by the plaintiff as earnest money on the date of execution of the sale deed.