JARNAIL SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) Defendant is in Regular Second Appeal in a suit for possession by way of specific performance of agreement to sell dtd. 17/8/2009 executed by the defendant in favour of the plaintiff.

(2.) The trial Court on the basis of evidence on record decreed the suit for alternative relief of recovery of earnest money of Rs.62,000.00 along with interest @ 9% per annum from the date of agreement i.e. 17/8/2009 till passing of the decree and @ 6% per annum from the date of passing of decree till final realization of the amount. There was no order as to costs.

(3.) Issues No. 1 and 4 were collectively decided by the trial Court. Plaintiff himself appeared as PW1 and got examined marginal witnesses-Ajit Singh as PW2 and PW3 scribe - Santokh Singh. There was no recital of delivery of possession in the agreement as well as in the plaint. Recital to the contrary in the written statement was pleaded to be wrong.