DARSHANA DEVI Vs. BISHAN SINGH AND ORS.

JUDGEMENT

(1.) Plaintiff-appellant is in the regular second appeal against the judgment of the First Appellate Court reversing the judgment passed by the trial Court and ordering refund of the earnest money.

(2.) In the considered opinion of this Court, the following substantial question of law arises for consideration:-

(3.) Plaintiff filed a suit claiming possession by way of specific performance of the agreement to sell with assertions that there was an oral agreement for sale of the property in dispute and Rs.3,000.00 was paid as earnest money. The total sale consideration agreed to was Rs.16,000.00. Since the husband of the plaintiff Kishan Singh was mortgagee with possession for a sum of Rs.10,000.00, hence, that amount was to be adjusted and the remaining amount of Rs.3,000.00 was to be paid at the time of execution and registration. On 12/2/1986, the parties after purchasing the stamp papers worth Rs.2,000.00 executed and signed the sale deed. However, the sale deed could not be registered as the Registering Authority was not available in its office. Defendant No.1 thereafter sold the property to defendants No.2 and 3 vide sale deed dtd. 29/8/1986 forcing the plaintiff to file the suit.