KULWINDER KAUR Vs. PAKHAR RAM

JUDGEMENT

(1.) Vide this judgment and order I shall decide two appeals, for, these arise out of the same suit and the judgment and decree, being assailed is common.

(2.) The plaintiff-appellant filed a suit for possession by way of specific performance of the agreement to sell dated 08.01.2010.

(3.) In brief, the case set out by the plaintiff was that parties had entered into an agreement to sell dated 08.01.2010, qua a house comprised in land measuring 9 marlas, situated within the abadi of village Kot Krar Khan Tehsil and District Kapurthala, for a total sale consideration of Rs.4,00,000/-. A sum of Rs. 3,30,000/- were paid by way of earnest money at the time of execution of the agreement itself. The balance sale consideration was to be paid on 15.01.2012, that is the date fixed for execution and registration of the sale deed. The plaintiff-appellant has always been ready and willing to perform her part of the contract. For, 15.01.2012, happened to be Sunday, plaintiff remained present in the office of Sub Registrar on 16.01.2012, with the balance sale consideration but the defendant failed to turn up and perform his part of the contract. Thus the suit.