BHARPUR SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) Vide this common order, CR No.8469 of 2018 titled Bharpur Singh Vs. Kuldeep Singh and another, titled Kuldeep Singh Vs. Bharpur Singh and another and CR No.2327 of 2019(O&M) 2 No.2327 of 2019 titled Bharpur Singh Vs. Kuldeep Singh and another are being decided. Facts are being culled out from CR No.8469 of 2018.

(2.) Brief facts are that plaintiff/petitioner Bharpur Singh filed a suit for specific performance on the basis of agreement to sell dtd. 10/10/2012 executed by defendant/respondent No.1 Kuldeep Singh in favour of the plaintiff/petitioner. Plaintiff pleaded that defendant No.1 entered into agreement to sell dtd. 10/10/2012 with the plaintiff for selling the suit property fully detailed by letter 'X' in the headnote of the plaint for a total sale consideration of Rs.2,77,00,000.00. Defendant No.1 received the entire sale consideration at the time of execution of agreement to sell and also delivered the possession of the suit land in favour of the plaintiff/petitioner. Plaintiff further pleaded that he is in actual, peaceful, physical, continuous and uninterrupted possession of the suit property. The date for execution and registration of sale deed was fixed as 30/11/2012. The original owner of the suit property is defendant No.2 and he had executed agreement to sell in favour of defendant No.1. Plaintiff/petitioner also pleaded that defendant No.1 did not execute the sale deed, rather requested the plaintiff that he will execute the sale deed within few days due to some family problem. Thereafter, despite so many requests, defendant No.1 did not execute the sale deed. On the other hand, plaintiff/petitioner always remained ready and willing to perform his part of contract. Plaintiff/petitioner got issued a registered legal and CR No.2327 of 2019(O&M) 3 notice dtd. 23/9/2015 to defendant No.1 through his counsel and requested defendant No.1 to execute and get the sale deed registered as per terms and conditions of the agreement to sell dtd. 10/10/2012 on 8/10/2015. On 8/10/2015, i.e. the date fixed for execution and registration of sale deed as per legal notice dtd. 23/9/2015, the plaintiff attended the office of Sub Registrar, Fatehgarh Sahib along with necessary expenses and remained present there from 9 A.M to 5 P.M, but the defendants did not turn up to perform their part of obligation. Plaintiff got his presence marked in the office of Sub Registrar, Fatehgarh Sahib.

(3.) Thereafter, the suit for specific performance came to be filed. Para Nos.15 and 16 of the plaint are necessary to be quoted hereasunder for the purpose of appreciating the accrual of cause of action as per pleadings in the original suit.