SARWAN SINGH Vs. RAJ KUMAR UPPAL

JUDGEMENT

(1.) Defendants are in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for specific performance.

(2.) Brief facts are that the plaintiff filed a suit for possession by way of specific performance of agreement to sell dtd. 26/3/2011 executed by the defendants in his favour in respect of three shops constructed over an area measuring 2 Marlas 98 feet having defined boundaries as shown in the headnote of the plaint. In alternative prayer for recovery of Rs.6.00 lakhs i.e. Rs.3.00 lakhs earnest money and Rs.3.00 lakhs as damages equivalent to the earnest money was made. Permanent injunction was also sought restraining the defendants from alienating the suit property except to the plaintiff. Vide the aforesaid agreement to sell defendants agreed to sell three shops to the plaintiff for a total sale consideration of Rs.15,40,000.00. An amount of Rs.3.00 lakhs was received on the date of execution of agreement to sell in the presence of witnesses. Target date for execution of the sale deed was fixed on 30/5/2011 on receipt of balance sale consideration.

(3.) Execution of agreement to sell has been admitted by the parties. Appellants have raked up the issue of readiness and willingness of the plaintiff by saying that the plaintiff himself was not ready and willing to execute the sale deed on the date fixed. Both the Courts have negated the plea with reference to the evidence on record. During course of arguments, learned counsel for the appellants challenged the judgments and decrees passed by the courts below only on the issue of readiness and willingness of the parties to the litigation.