BALBIR SINGH Vs. BILLU

JUDGEMENT

(1.) The respondent herein (original plaintiff) filed a suit for specific performance against the defendants/appellants herein, which was dismissed on 24.2.2011 by the Additional Civil Judge (Senior Division), Rewari. On the appeal filed by the respondent herein, the first Appellate Court was allowed the same and decreed the suit on 28.10.2014. Aggrieved against the said judgment and decree, the instant appeal has been filed by the appellants.

(2.) The facts in brief are that the respondent herein filed a suit for specific performance of the agreement to sell dated 31.10.2005 with the averments that the appellants herein are owners in possession of the suit land detailed in para 1 of the plaint and they had agreed to sell the same to the respondent. The respondent had paid Rs. 1,20,000/- as earnest money, out of total sale consideration of Rs. 1,84,000/-. It was averred that on 10.2.2006, the date fixed for registration of the sale deed, the respondent remained present in the office of Sub Registrar, Rewari with remaining sale consideration etc. but the appellants did not turn up. Consequently, the respondent served a notice dated 14.2.2006 on the appellants stating that he is ready and willing to perform his part of the contract, but to no avail. Having received no positive response from the appellants, the respondent filed the instant suit on 9.3.2006.

(3.) The suit was contested by the appellants by filing written statement, taking several preliminary objections. The agreement entered into between the parties and receipt of earnest money was admitted, but it was alleged that it was respondent himself, who committed the breach of contract and he has not performed his part of the contract. It was also pleaded that the respondent intentionally did not come on 10.2.2006 for getting the sale deed registered in his favour and thus he was not ready and willing to perform his part of contract.