SATYA KAUR Vs. KULWANT KAUR AND ANOTHER

JUDGEMENT

(1.) Suit filed by the respondent-plaintiff was decreed qua an alternative relief for recovery of Rs.8,06,000/- along with interest vide judgment and decree dated 28.10.2013, rendered by the trial Court. For the appeal preferred against the said decree failed and was dismissed on 15.10.2016, defendant-Satya Kaur is before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) Plaintiff prayed for possession by way of specific performance of the agreement to sell dated 09.10.2007, for a land measuring 13 marlas, comprised in khasra No.19R//10/2(1-17) and 4 marlas comprised in khasra No.19R/10/2 along with the house constructed thereupon with the passage situated in village Talwandi Sallan, Tehsil Dasuya, District Hoshiarpur. In the alternate, a prayer for recovery of Rs.16,12,000/- with interest was also made.

(3.) In brief, the case set out by the plaintiff was that parties entered into an agreement to sell dated 09.10.2007, for a total sale consideration of Rs.10,00,000/-. Rs.6,50,000/- were received by the defendants as earnest money. The date fixed for execution and registration of the sale deed was on or before 09.10.2008. However, on 08.10.2008, upon a request of defendant No.1, the date of execution of the sale deed was extended to 10.10.2009 and further a sum of Rs.1,56,000/- were paid to defendant No.1. Accordingly, the defendants received the total earnest money of Rs.8,06,000/-. Writing in this regard was duly recorded on the back of the agreement. For 10.10.2009 and 11.10.2009 were holidays, the plaintiff remained present in office of Joint Sub Registrar on 12.10.2009 to perform her part of the agreement. However, defendants did not turn up to execute the sale deed, thus, the suit.