AMARJIT SINGH Vs. ANIL KUMAR ETC

JUDGEMENT

(1.) Plaintiff-Appellant is in the regular second appeal against the judgments passed by the Courts below. In fact, First Appellate Court has granted a decree for permanent injunction, however, dismissed the suit qua specific performance of the agreement to sell.

(2.) Undisputedly facts are that there was agreement to sell between the plaintiff and predecessor-in-interest of defendants dtd. 21/4/1995 for a total sale consideration of Rs.1,50,000.00, which was paid in total and the possession was delivered. As per agreement to sell, no target date for execution and registration of the sale deed was fixed.

(3.) As noted above, the defendants who are heirs of Sarwan Kumar do not dispute the correctness of agreement to sell and receipt of money. However, learned trial Court dismissed the suit on the ground that it is barred by time whereas First Appellate Court has held that there was no stipulation in the agreement to sell that the contract can be specifically performed.