KARAMJIT SINGH Vs. NIRMAL KAUR

JUDGEMENT

(1.) Appellant-plaintiff is aggrieved of judgments and decrees dated 30.03.2018 and 10.01.2019 passed by the learned Civil Judge(Junior Division), Ferozepur and the learned Additional District Judge, Ferozepur, respectively, whereby suit for a decree of specific performance of agreement to sell dated 27.08.2010, filed by the plaintiff has been dismissed.

(2.) Appellant-plaintiff filed a suit seeking a decree of specific performance of agreement to sell dated 27.08.2010 by the husband of the respondent-defendant in respect to the land as detailed in the plaint. In the alternate, he prayed for recovery of Rs. 30,00,000/- i.e., Rs. 23,00,000/- paid as earnest money and Rs. 70,000/- as damages and interest. It is pleaded that Sardar Singh son of Kashmir Singh was the owner-in-possession of the property in question. Respondent-defendant is the wife of Sardar Singh, who passed away on 26.04.2011. It is pleaded that an agreement to sell dated 27.08.2010 was entered into between the appellant-plaintiff and Sardar Singh in respect to the suit property for a total sale consideration of Rs. 30,00,000/-. Rs. 23,00,000/- was received by Sardar Singh as earnest money and it was agreed that the sale-deed of the suit property would be executed and registered on 07.05.2012. However, Sardar Singh passed away on 26.04.2011. After his death, mutation of inheritance was sanctioned in favour of his wife, defendant-Nirmal Kaur. Defendant, however, did not come forward for execution of the sale-deed on 07.05.2012, despite being intimated by the plaintiff. Plaintiff waited till 5.00 p.m. and, thereafter marked his presence by filing an application before the Sub Registrar. Plaintiff was always ready and willing to perform his part of the agreement. Possession of the suit property, it is pleaded, was delivered to the plaintiff at the time of execution of the agreement to sell. Accordingly, present suit was filed.

(3.) Defendant resisted the suit. Various preliminary objections were raised, averments on merits were controverted. It is stated that the defendant married Sardar Singh in the year 2009, who died on 26.04.2011. Mutation of his inheritance was sanctioned in favour of the defendant alone as she was the only legal heir of Sardar Singh. Marriage of the defendant was however solemnized by way of Chadar ceremony with Raju Singh on 03.02.2012. Anand Karaj was also performed and the entry regarding marriage was made in the register of Gurudwara Sahib on 03.02.2012. Marriage certificate was issued by the Head Granthi of the said Gurudwara. Defendant alongwith Raju Singh and his brothers started cultivating the land falling to the share of Sardar Singh. However, Raju Singh and his family members started pressurizing the defendant to transfer the whole land as well as the connection of electric motor in favour of Raju Singh. When the defendant refused to do so, a dispute arose. She was turned out of the matrimonial home and she started residing with her parents.