HARPAL SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) The plaintiff has filed this regular second appeal against the judgments of the Courts below whereby his suit has been dismissed.

(2.) The plaintiff had filed a suit for possession by way of specific performance of agreement to sell dated 25.10.2002 regarding land measuring 36 K 1 M bearing Qilla No.138/18 (7-11), 19 (7-11), 138/14(4-9) 22/1 (3-7), 22/2 (4-13), 138/13 (8-0) bearing Khata and Khatauni No.934/1290 and 1291 situated in village Majitha, Tehsil and District Amritsar along with rights of khal, passage, canal water etc. It was his case that the defendant-Surinder Kaur of her own accord and free will entered into an agreement to sell dated 25.10.2002 for sale of the aforesaid land at the rate of Rs.3,50,000/- per acre. She received a sum of Rs.4,00,000/- from the plaintiff at the time of execution of the agreement. It was agreed that the sale deed would be executed and registered on 02.05.2003. In case of failure of the defendant to execute the sale deed in favour of the plaintiff, she would be liable to pay Rs.8,00,000/- to the plaintiff but would still remain bound to execute the sale deed in favour of the plaintiff. Before the stipulated date for execution of the sale deed i.e. 02.05.2003, the plaintiff served the defendant with a legal notice dated 26.04.2003 through his counsel calling upon her to execute the sale deed. On the stipulated date the plaintiff went to the office of Assistant Sub-Registrar Majitha along with balance sale consideration and money for incidental expenses but the Assistant Sub-Registrar did not attend the office on that date. On 05.05.2003, the plaintiff again attended the office of Assistant Sub- Registrar Majitha from 9.00 am to 5.00 pm but the defendant did not turn up. Ultimately, the plaintiff got his presence marked by moving an application and swearing an affidavit in this regard. The plaintiff always was and still is ready and willing to perform his part of contract but the defendant has defaulted. Hence, the suit.

(3.) During the pendency of the suit, defendant Surinder Kaur died. Her legal representatives namely Jagjit Singh, Simarpal Kaur and Amartpal Kaur were brought on record.