NARINDER SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) Appellant-defendants are in Regular Second Appeal against the judgments and decrees of the courts below, whereby in a suit for specific performance of the agreement to sell dtd. 12/7/2007, relief of recovery of Rs.13,00,000.00 along with interest @ 12% per annum till the date of judgment and future interest @ 6% per annum from the date of judgment till actual realization, has been ordered.

(2.) Plaintiff sought the specific performance of the agreement to sell in respect of the suit land on the premise that the appellant-defendants had agreed to sell the land @ Rs.5,50,000.00 per acre against payment of Rs.10,00,000.00 as earnest money, out of which Rs.6,00,000.00 was paid vide cheque dtd. 12/7/2017 and another sum of Rs.4,00,000.00 in cash and subsequently on 31/7/2007, another sum of Rs.3,00,000.00, i.e., Rs.2,00,000.00 by cheque dtd. 1/8/2007 and Rs.1,00,000.00 in cash was paid. In all, the defendants received a sum of Rs.13,00,000.00. The suit land was hilly area and, therefore, as per the terms and conditions of the agreement, the defendants had to obtain the permission from the department for levelling the land within a period of three months and demarcate the land by affixing burjies, but refused to accede to the request, thus, constrained to file the suit.

(3.) Defendants admitted the execution of the agreement to sell and the amount, referred to therein, but stated that the suit was not maintainable as the plaintiff had filed a suit for injunction on 17/1/2008 on the basis of the cause of action accrued on 13/1/2008. During the pendency of the suit, when the demarcation was requested, the suit was dismissed on 23/9/2009 and the present suit was filed on 25/9/2009 on the basis of the alleged agreement to sell dtd. 12/7/2007.