SUBHASH CHANDER Vs. PRITPAL SINGH

JUDGEMENT

(1.) This order will dispose of RSA Nos. 6237 of 2015 and 1285 of 2016 as these have emerged out of the same judgments and decrees passed by the courts and involve identical questions of law and fact. For facility of reference, facts are taken from RSA No. 6237 of 2015.

(2.) Indisputably, the plaintiffs and defendant No. 1 for himself and his co-sharers defendants No. 2 to 4 entered into agreement of sale dated 31.1.2005 in respect of property W.G. 545 bearing BIX/2-452 measuring 2 kanal 1 marla 126 Sq. feet, detailed in head note of the plaint, for a sale consideration of Rs. 2,40,00,000/-. A sum of Rs. 20,00,000/- was paid towards earnest money and sale deed was agreed to be executed on 30.9.2005. As per the agreement, defendant No. 1 agreed to get the sale deed executed by bringing other co-sharers or get their general power of attorney. The vendor was obligated to pay the house tax, electricity bill, water bill etc. till the date of registration and to obtain 'No Objection Certificate' after getting the property transferred from Municipal Corporation. There is no denial that on the stipulated date i.e. 30.9.2005, neither the plaintiffs nor the defendants came present in the office of Registering Authority for getting the sale deed executed and registered, as agreed.

(3.) The plaintiffs filed suit for specific performance on the basis of agreement of sale and in the alternative sought recovery of Rs. 60,00,000/- and also prayed for permanent injunction restraining the defendants from selling the suit property. The suit was dismissed by the trial court vide judgment and decree dated 17.1.2013. The appeal preferred by the appellants-plaintiffs was partly allowed by the District Judge, Jalandhar and they were allowed alternative relief of refund of earnest money of Rs. 20 lakhs with interest @ 9% per annum w.e.f. 31.1.2005 till the date of decree and future interest @ 6% per annum from the date of decree till realization.