RAJESH VERMA Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) The plaintiff has brought this suit against the defendant for grant of a decree for specific performance of the agreement dated 7.8.2003, whereby the latter is said to have agreed to sell to the former the land measuring 33 bigha 9 biswa, comprised in khewat/khatauni No. 7/8, khasra No. 175 (0-13 bigha), khewat/khatauni No. 53/54, khasra No. 126 (3-9 bigha), khasra No. 593/128 (25-16 bigha), khasra No. 129 (0-14 bigha), khasra No. 127 (0-9 bigha) and khasra No. 538/125 ( 2-8 bigha), kita (plots) 6, as per jamabandi for the year 1997-98, situate in village Sauri Gujjran, Pargana Plassi, Tehsil Nalagarh, District Solan, H.P., which shall hereinafter be referred to as 'the suit land'.

(2.) The case of the plaintiff is that he is a permanent resident of village and post office Lodhi Majra, Tehsil Nalagarh, District Solan and is an agriculturist. He being entitled to purchase land in the State of Himachal Pradesh entered into an agreement of sale dated 7.8.2003, with the defendant in respect of the suit land @ Rs. 1,30,000/- per bigha for a total consideration of Rs. 43,58,500/-, out of which a sum of Rs. 3,00,000/- was paid as earnest money, which was acknowledged by the defendant in the agreement.

(3.) The defendant, who had mortgaged a part of the suit land bearing khasra No. 593/128, measuring 25 bigha 16 biswa with State Bank of Patiala, ADB Branch, Nalagarh, had agreed to get the same redeemed. The balance sale consideration was agreed to be paid by 5.4.2004 and thereafter sale deed was to be executed either in favour of the plaintiff or his nominee as per terms of the agreement.