RATI RAM Vs. SATBIR

JUDGEMENT

(1.) Suit filed by the appellant-plaintiff was dismissed by the trial Court vide judgment and decree dated 23.09.2015, and as even the appeal preferred against the said decree failed and was dismissed on 22.02.2017, he is before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) Plaintiff filed a suit for recovery of Rs.3,00,000/- along with interest. In brief, the case set out by him was that defendant happened to be the owner in possession of a plot measuring 26'x31' total 90 sq. yards, comprised in specific khasra numbers, situated in New Extension Colony, Palwal. The defendant assured plaintiff that said site was free from all encumbrances and accordingly an agreement to sell dated 28.11.2007 was entered into between the parties for a total sale consideration of Rs.9,00,000/-. Rs.2,00,000/- were paid by the plaintiff to the defendant as earnest money in cash against a separate receipt dated 28.11.2007. The date fixed for execution of the sale deed was 27.02.2008. It was agreed that a further sum of Rs. 1,00,000/- shall be paid by the plaintiff on or before15.12.2007. Whereas, balance amount of Rs.6,00,000/- was to be paid at the time of execution of the sale deed. Soon after the execution of the agreement, plaintiff visited the spot and found that suit property was in possession of a third party. Though the defendant assured the plaintiff that he would obtain and deliver actual physical possession of the suit property to the plaintiff, but to no avail. Accordingly, the plaintiff required defendant to either have the suit property vacated and deliver possession or refund Rs.3,00,000/- received pursuant to the agreement. Thus, the suit.

(3.) In the written statement filed by the defendant, it was pleaded, inter alia, that plaintiff himself approached the defendant to purchase the suit land and it was duly brought to his notice that the same was free from all encumbrances. Further, the defendant has always been ready and willing to perform his part of the contract, for, there was no legal impediment to transfer the suit property in favour of the plaintiff. In fact, plaintiff did not have sufficient funds to execute the sale deed. In fact, for the defendant forfeited the amount received from the plaintiff, thus, he has filed the present suit. And if the plaintiff was still ready and willing to purchase the suit land, he could be delivered and put in possession as agreed.