GURSAHIB SINGH Vs. BALKAR SINGH

JUDGEMENT

(1.) Costs of Rs.2000.00 has been paid.

(2.) Plaintiff Daljinder Singh instituted the suit for specific performance of agreement to sell dtd. 17/5/2006 executed by Balkar Singh, defendant No.1 in favour of plaintiff in respect of the property bearing plot No.100, measuring 296.66 sq. yards forming part of Khasra No.329 min by challenging the power of attorney dtd. 16/4/2007 executed by defendant No.1 in favour of defendant No.2 and sale deed dtd. 20/4/2007 executed by Balkar Singh through his attorney, defendant No.2 in favour of the appellant- defendant No.3 Gursahib Singh or alternative relief of recovery of Rs.7,80,000.00 i.e. Rs.3,90,000.00 as earnest money paid and Rs.3,90,000.00 as damages along with interest @18% per annum on the premise that defendant No.1 had agreed to enter into agreement to sell qua suit property for sale consideration of Rs.23,75,000.00, Rs.2,40,000.00 as earnest money was paid in the presence of two witnesses. The plaintiff marked his presence before the Registrar on 30/8/2006 and approached defendant No.1 with witnesses to receive balance sale consideration but he kept on deferring the matter by making lame excuses, but, agreed to execute the sale deed on 12/9/2006. He also received a sum of Rs.1,50,000.00 through cheque bearing No.349415 dtd. 2/9/2006, which was duly encashed but again did not come forward for performing his part of the agreement. Even legal notice dtd. 15/9/2006 was served and another amount of Rs.2.00 lakh was paid in the presence as part of the sale consideration without any writing, thus, filed suit on 22/12/2007.

(3.) Defendant No.1 in the written statement admitted execution of the agreement to sell and receipt of Rs.2,40,000.00 out of total sale consideration and the stipulated date fixed as 30/8/2006. It was explained that the original sale deed qua disputed property was handed over to the plaintiff but feigned ignorance regarding the presence of plaintiff before the office of Registrar and also qua extension of date till 12/9/2006. Receipt of cheque of Rs.1,50,000.00 was admitted but denied execution of the power of attorney in favour of defendant No.2 and the sale deed by defendant No.2 in favour of defendant No.3.