FATIMA Vs. IMTIYAZ KHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment, decree dated 30.5.2012 passed by learned Addl. District Judge, Solan in Civil Appeal No. 5 -NL/13 of 2011, affirming judgment, decree dated 30.10.2010 passed by learned Civil Judge (Junior Division), Court No. 2, Nalagarh in Civil Suit No. 81/1 of 09/2006. The facts in brief are that respondent has filed a suit for specific performance of contract dated 8.8.2003 against appellant regarding land comprised in khasra No. 236/3, situate in Up -Mohal Naya Nalagarh, more specifically described in the plaint for a sale consideration of Rs. 1,12,500/ -, in alternative recovery of damages Rs. 4,00,000/ -. The further case of the respondent is that an agreement was executed on 8.8.2003. The respondent had paid an amount of Rs. 95,000/ - as earnest money at the time of execution of the agreement. The remaining amount of Rs. 17,500/ - was to be paid on or before 15.12.2003 i.e. at the time of execution and registration of sale deed. On 15.12.2003, the parties with their mutual consent extended the date for execution and registration of sale deed upto 20.3.2004 and thereafter upto 20.9.2004. The respondent had paid Rs. 5,000/ - on 15.5.2004. The respondent came to Nalagarh alongwith remaining sale consideration for registration of sale deed on 20.9.2004 but appellant did not turn up to execute the sale deed. The respondent was ready and willing to perform his part of contract but appellant failed to perform her part of contract and therefore, the suit was filed.

(2.) THE suit was contested by the appellant by taking preliminary objections of maintainability, lack of cause of action, concealment of material facts, the suit is hit by Section 118 of H.P. Tenancy and Land Reforms Act, the time was essence of the contract and estoppel. On merits, the appellant admitted the execution of the agreement dated 8.8.2003 for sale consideration of Rs. 1,12,500/ -. She also admitted that she received Rs. 95,000/ - as earnest money. It has also been stated that the remaining sale consideration of Rs. 17,500/ - was to be paid on or before 15.12.2003.

(3.) ON the pleadings of the parties the following issues were framed: -