SATISH KUMAR Vs. KIRAN DHINDSA

JUDGEMENT

(1.) This is a regular first appeal filed by the Appellant under Section 96 of the Code of Civil Procedure against the judgment and decree of the court of the learned District Judge, Solan, dated 11.1.2002, vide which the suit filed for recovery of Rs. 4.00 lacs by the Respondent as against the Appellant was decreed for recovery of earnest money of Rs. 2.00 lacs, with interest.

(2.) Briefly stated the facts of the case are that the Respondent (hereinafter also referred to as the Plaintiff) filed a suit for the recovery of Rs. 4.00 lacs as against the Appellant (hereinafter also referred to as the Defendant). It was alleged by the Plaintiff that the Defendant is owner in possession of the land, as detailed in the plaint, measuring 10 bighas and 14 biswas and is a co-owner also in the land measuring 10 biswas to the extent of 1/4 share with his brother, sisters and mother. The Plaintiff and her husband are qualified doctors who intended to purchase a piece of land for the purpose of construction of a Natural Healing and Meditation Centre. The Plaintiff also alleged that she practices in Traditional Chinese Medicine, Acupuncture, Homeopathic and Herbal Treatments. The Defendant approached the Plaintiff for the sale of the land in suit to her. The Plaintiff visited the site and keeping in view the vegetation and the trees standing thereon, the Plaintiff agreed to purchase the same. The Defendant agreed to sell the land alongwith the standing trees in the said land and its easementary rights for a total consideration of Rs. 33,60,000/- vide agreement dated 9.9.1999. The Plaintiff paid a sum of Rs. 2.00 lacs to the Defendant through a cheque in part performance of the contract and as earnest money. The balance amount was payable to the Defendant at the time of registration of the sale deed in favour of the Plaintiff or her nominee. The Plaintiff had told the Defendant at the time of the purchase that she needs the land for the purpose of running a Natural Healing and Meditation Centre, which fact was told in the presence of the witnesses. The Defendant was to sell the land alongwith all easementary rights and trees standing on the said land. The Plaintiff visited the site, found it fit for the purpose for which she intended to purchase the same since Tuni trees were standing thereon, which was the main consideration for the purchase of the land. The Defendant was aware of the reason for the purchase of the land having Tuni trees.

(3.) It was further alleged that the sale deed was to be executed within a period of 7 months from the date of the agreement. The Plaintiff was always ready and willing to purchase the said land. However, the Defendant cut 9 trees of Tuni from the suit land without the written consent of the Plaintiff. The Plaintiff requested not to cut the said trees, which request was made prior to cutting of the trees, but the Defendant did not listen to the request of the Plaintiff and the Plaintiff made a complaint against the Defendant to the Forest Department. The Forest Department held enquiry in the matter and found that the Defendant had cut 11 trees of small and big sizes and other kinds of trees, which were cut after the execution of the agreement in the month of January, 2000. Due to the cutting of the trees, the very object and purpose to purchase the land for the construction of a Natural Healing and Meditation Centre was defeated by the Defendant, which caused mental tension, agony etc. to the Plaintiff, who is also entitled to the damages in the form of monetary loss. According to the terms of the agreement, in case the Defendant backed out of the contract, he was liable to pay double the earnest money to the Plaintiff. It was also alleged that though the Plaintiff suffered more damages, but she restricted her claim to Rs. 4.00 lacs only and as such filed the suit for the return of the earnest money and agreed damages of Rs. 2.00 lacs as per the terms and conditions of the agreement and thus filed the suit for a recovery of Rs. 4.00 lacs, after issuance of a notice upon the Defendant.