HARI RAM Vs. SHASHI JAIN

JUDGEMENT

(1.) THIS appeal is directed against the judgement and decree dated 23.04.2003, rendered by the Court of Additional Civil Judge (Senior Division), Balachaur, vide which, it decreed the suit of the plaintiff for recovery with the interest @ 12% per annum, and the judgement and decree dated 09.05.2005, rendered by the Court of Additional District Judge, Nawanshahar, vide which, it dismissed the appeal.

(2.) AN agreement to sell dated 26.06.98, was executed by the defendant, in favour of the plaintiff, in respect of the land, in dispute. The sale deed was to be executed and got registered on or before 27.12.99. It was agreed by the defendant/appellant that, in case, he failed to execute the sale deed, he shall make himself liable to pay a sum of Rs. 2 lacs. It was stated that the plaintiff/respondent, had always been ready and willing to perform her own part of the agreement to sell dated 26.06.98, and, in this regard, she got her presence marked, on the stipulated day, in the Tehsil Complex, Balachaur, and got attested her affidavit, but the defendant/appellant, did not turn up. The defendant, was many a time asked, to perform his own part of the contract, but to no avail. On his final refusal, to perform his own part of the contract, left with no other alternative, a suit for specific performance, and in the alternative for recovery, was filed.

(3.) ON the pleadings of the parties, the following issues were struck :-