DILBAG SINGH Vs. GURCHAIN SINGH DYAL

JUDGEMENT

(1.) DEFENDANT -appellant entered into an agreement with the plaintiff -respondent for sale of 17 marlas land, for a consideration of Rs. 34,000/ -. He did not abide by the agreement. So, a suit for specific performance of contract was filed. That suit was contested by the defendant -appellant and it was pleaded that the amount of Rs. 10,000/ -, as mentioned in the agreement, had not been paid, by way of earnest money. Also, it was stated that the sale consideration was much more than Rs. 34,000/ -.

(2.) TRIAL Court decreed the suit, to the extent of 1/3rd share of the defendant -appellant, in the land agreed to be sold, and passed a decree for specific performance of contract, to the extent of 1/3rd share of the defendant, on payment of a sum of Rs. 11,333/ -, or say one third of the agreed sale consideration. Appeal filed by the defendant in the Court of learned District Judge has been dismissed.

(3.) IT is submitted that when the plaintiff had claimed alternative relief of damages, the two Courts below ought not to have passed a decree for specific performance of the contract and instead it should have passed a decree for damages. Alternative relief was claimed by the plaintiff -respondent only in case his claim for relief of specific performance of contract, did not find favour with the Court. Since the two Courts below have found the plaintiff -respondent entitled to the relief of specific performance of contract, there was no need for examining the alternative plea of the plaintiff -respondent. Since no substantial question of law arises, appeal is dismissed.