OM PARKASH Vs. SAROJ BALA

JUDGEMENT

(1.) The plaintiff has filed the instant suit for specific performance of agreement dated 24.04.2004 vide which the parties agreed to execute the sale deed with respect to the land detailed in the agreement latest by 31.07.2005, with a prayer for issuance of directions to the defendant to execute the sale deed qua the land given in the agreement and for decree of permanent prohibitory injunction, restraining the defendant from interfering with the possession of the plaintiff over the suit land in any manner and further restraining the defendant from creating any charge and alienating the property in suit.

(2.) It is averred that defendant entered into an agreement to sell dated 24.04.2004 with the plaintiff whereby defendant agreed to sell land measuring 2-34-27 hectares i.e. 234427/31099 shares i.e. land 3-10-99 in Khewat No.20, Khatauni No.34min, 35min and Khasra Nos. 2445 (0-69-21), 2448 (0-32-48), 2449 (0-55-32), 2446 (0-74-90) 2544 (0-17-52), 2545 (0-61-56), kitas-6, situated in village Bharolian Khurd, Tehsil and District Una, with the plaintiff for a consideration of Rs.73,000/- per Kanal. When converted, the suit land comes to 61 Kanals and in this way total consideration was Rs.44,53,000/-. The defendant received a sum of Rs.26,00,000/- as an earnest money and receipt qua the same was endorsed in the agreement in itself. Thereafter, another sum of Rs.3,00,000/- was received by the defendant in the presence of Tilak Raj. At the time of agreement, the possession of the land was handed over to the plaintiff on 24.04.2004 itself and thereafter the plaintiff spent a sum of Rs.20,00,000/- for levelling the land which prior to this was in the shape of steep hill.

(3.) The defendant agreed to execute and register the sale deed latest by 31.07.2005 and in the event of failure to do so, agreed to pay the double amount and in the event of failure of the plaintiff to perform his part of contract, the earnest money as given was agreed to be forfeited.