MAHENDER SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) - Heard learned counsel for the appellant.

(2.) Brief facts of the case are that the plaintiff filed one suit for declaration that plaintiff has rescinded the contract, which was executed on behalf of the plaintiff by his power of attorney. The case of the plaintiff is that plaintiff entered into a contract with defendant to sell his agricultural land and as per the contract, the registry of the agriculture field should have been completed and executed by 1st July, 1983. The defendant did not turn up for getting the sale deed registered in his favour nor he purchased the stamps and even did not appear before the Sub-registrar on the due date. Therefore, in view of the violation of the terms of the contract, the plaintiff rescinded the contract by serving a notice upon defendant on 31st Dec., 1985. The defendant even did not give reply to this notice. According to plaintiff, the defendant lost his right to seek any relief of specific performance of contract against the plaintiff. In these circumstances, the plaintiff sought declaration that under the agreement no right can be claimed by the defendant and after the termination of contract, the agreement cannot be used against the plaintiff. The plaintiff also claimed possession of the land in dispute.

(3.) The defendant submitted written statement and stated that on 1st July, 1983 neither the plaintiff nor plaintiff's power of attorney came into the office of the Sub-registrar whereas the defendant was ready and willing to perform his part of the contract. In addition to above, it was also submitted that the land in dispute has already been acquired by the GFC and, therefore, the plaintiff lost his right to sell the land in dispute. Though it was pleaded so, but defendant further pleaded that plaintiff wanted to take the double amount of the sale consideration. In these circumstances, suit of the plaintiff be dismissed.