GURDEV SINGH Vs. UTTAMJIT SINGH

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 an agreement to sell dated 13.8.1999 was decreed.

(2.) THE plaintiff has sought specific performance of the aforesaid agreement in respect of land measuring 24 Kanals 3 Marlas for a total sale consideration of Rs.3,62,250/-. Rs.2,70,000/- was paid as earnest money and the balance amount was to be paid on or before 31.12.2000, when the sale deed was to be executed. The plaintiff served a notice on 11.12.2000 calling upon the defendant to execute the sale deed either on 29.12.2000 or on 1.1.2001 as 30.12.2000 and 31.12.2000 were holidays. But still, the defendant did not execute the sale deed though the plaintiff remained present before the Sub Registrar on 29.12.2000 and on 1.1.2001.

(3.) TO prove the execution of the agreement and payment of earnest money, the plaintiff appeared as PW-1 and examined PW-2 Tarlochan Singh, one of the attesting witness and PW-3 Sham Bihari Lal, the scribe of the agreement. On the other hand, the defendant appeared as DW-1 and examined his son Gian Singh as DW-2. On the basis of the testimony of the witnesses, both the Courts have recorded a concurrent finding of fact that the defendant has executed the agreement to sell dated 13.8.1999 Ex.P-1 and has received earnest money of Rs.2,70,000/-. It was also found that the plaintiff was ready and willing to perform his part of the contract and consequently granted decree for specific performance of the agreement to sell.