RAJEEV KUMAR Vs. RAJ KUMARI BIRDI

JUDGEMENT

(1.) THE plaintiff has filed the present suit for grant of a decree for specific performance, perpetual prohibitory injunction and in the alternative recovery of Rs. 18,00,000/ - (' Eighteen Lacs) as compensation/damages alongwith costs and interest @ 18% per annum against the defendant on the basis of agreement of sale dated 8.4.2011, in respect of the land in suit, measuring 10 bighas fully detailed and described in the heading, para 1 and prayer clause (ii) to the plaint.

(2.) THE case of the plaintiff is that he belongs to village Khera Chakk in District Solan and is an agriculturist, thus entitled to purchase land in the State of Himachal Pradesh. Accordingly, he entered into an agreement of sale dated 8.4.2011, with the defendant through her General Power of Attorney, Shri Deepak Mehta @ Deepak Sharma, whereby, he agreed to sell the Rs. 6.5 lacs per bigha, ' suit land to him @ totaling 65,00,000/ - (Rupees Sixty Five Lacs). A sum of Rs. 2,00,000/ - (Rupees Two Lacs) was paid as advance. As agreed, the sale deed was to be executed on or before 9.7.2011. further sum of Rs. 10,00,000/ - Rupees Ten Lacs) was paid by the plaintiff to the defendant through the said attorney ' vide cheque dated 24.5.2011. Another sum of 6,00,000/ - (Rupees Six Lacs) was paid by him to the defendant vide cheque dated 1.7.2011. After payment of total advance sale consideration of Rs. 18,00,000/ -(Rupees Eighteen Lacs), the plaintiff was put in possession of the suit land. The payments were acknowledged by way of endorsements on the agreement. The remaining sale consideration of Rs. 47,00,000/ - (Rupees Forty Seven Lacs) was agreed to be paid on or before 9.7.2011.

(3.) ACCORDING to the plaintiff, he was and is always ready and willing to perform his part of the agreement, but the defendant failed to discharge the reciprocal obligation despite receipt of advance sale consideration to the tune of Rs. 18,00,000/ - , compelling him to file the suit.