RANBIR SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) THIS is a regular second appeal against the judgment and decree dated 7.8.2007 passed by learned Additional District Judge Jhajjar vide which the appeal preferred by defendant/appellant against the judgment and decree dated 15.4.2005 passed by learned Civil Judge (Senior Division), Jhajjar was dismissed.

(2.) THE respondent-plaintiff has filed suit for possession by way of specific performance of agreement to sell dated 20.6.2002. It has been pleaded by the plaintiff that vide agreement to sell defendant agreed to sell his 12 kanals of land situated in village Sehlanga in favour of the plaintiff for a consideration of Rs. 2,62,500/- At the time of the execution of the alleged agreement, earnest money of Rs. 70,000/- was received by the defendant and it was agreed by the defendant that he would execute the sale deed in favour of the plaintiff upto 10.7.2002. The plaintiff has further pleaded that at the time of execution of the alleged agreement, Fard Jamabandi regarding suit land was not available, therefore, the Khasra numbers of the land, which was agreed to be sold, could not be mentioned in the agreement to sell. However, it was orally agreed that the suit land mentioned inpara No. 1 of the plaint would be sold. The Plaintiff has pleaded that he has always been ready and willing to perform his part of contract as per agreement to sell. For this, he dully appeared before the Sub Registrar, Matanhail on 10.7.2002 with the requisite amount and his appearance to this effect has been before Sub Registrar, Matanhail and has been duly marked by affidavit Ex. P-6. The defendant has backed out from his agreement to sell by not appearing before Sub-Registrar, Matanhail on 10.7.2002. Hence this suit.

(3.) FROM the pleadings of the parties, the following issues were framed on 9.12.2002 :-