RAJINDER KUMAR Vs. JAGTAR SINGH

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dtd. 20/8/2014 passed by the Additional District Judge, Faridkot whereby appeal against judgment and decree dtd. 11/9/2012 passed by the Additional Civil Judge (Senior Division), Faridkot decreeing suit of the appellant-plaintiff for specific performance of agreement of sale is partly allowed and the plaintiff-appellant has been granted alternative relief of recovery of earnest money of Rs.1,15,000.00 with interest @ 12 % per annum from the date of agreement till realization.

(2.) Indisputably, the agreement to sell dtd. 10/11/2005 was executed by the respondent in favour of the appellant-plaintiff for sale of land measuring 355.55 square yards @ Rs.1525.00 per square yard and sale deed was agreed to be executed on or before 30/4/2006. The earnest money of Rs.1,15,000.00 was paid to the respondent at the time of agreement of sale. On 27/4/2006, the date for execution of the sale deed was extended from 30/4/2006 to 20/5/2006 and endorsement to this effect was made at the back of the agreement.

(3.) The plea of the appellant-plaintiff is that he always remained ready and willing to perform his part of the agreement. He requested the defendant to reach office of Joint Sub Registrar Kotkapura on 22/5/2006 as 20/5/2006 was Saturday and 21/5/2006 was Sunday. The appellant got his presence marked in the office of Joint Sub Registrar, Kotkapura but the defendant did not turn up for execution of the sale deed. He served legal notice dtd. 10/6/2006 upon the respondent but to no effect. The suit seeking specific performance of agreement to sell was filed on 26/3/2007.