DARSHAN SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) The defendant is in appeal assailing the judgment and decree dated 01.02.2001 passed by the learned trial Court and judgment and decree dated 22.12.2003 passed by the learned lower Appellate Court affirming the findings of the learned Trial Court.

(2.) Briefly stated the facts of the case are that the plaintiff respondent Darbara Singh filed a suit for possession by way of specific performance of an agreement of sale dated 06.04.1996 of land measuring 17 Kanals 13 marlas. In the alternative, a prayer was made for a suit for recovery of Rs. 3,40,000/- and it was also prayed that the appellant may be restrained from alienating the suit land. It was contended by the plaintiff respondent that an agreement to sell had been executed by the defendant appellant in his favour on 06.04.1996 according to which the sale consideration of the land was fixed @ Rs. 1,60,000/- per acre and in pursuance to this agreement Rs. 1,70,000/- was paid as earnest money.

(3.) The date of the execution of the sale deed was fixed as 10.07.1996 on which date the remaining consideration was also to be paid. On 10.07.1996, i.e. the stipulated date, the plaintiff-respondent had presented himself in the office of Sub-Registrar and remained there from 9.00 a.m. to 4.00 p.m. but the appellant did not turn up to perform his part of the agreement. A notice was served upon the appellant which was not received by him intentionally and, therefore, it is in the backdrop of these facts that the suit was filed by the plaintiff-respondent.