KAPOOR SINGH Vs. NISHAN SINGH AND ORS.

JUDGEMENT

(1.) Present regular second appeal, filed by defendant No. 1, against judgment & decree dated 27.4.2011, passed by learned District Judge, Patiala, whereby appeal filed by the plaintiff was partly accepted and judgment & decree of the trial Court was set aside and suit of the plaintiff for recovery of Rs. 20,000/ - as earnest money and Rs. 20,000/ - as liquidated damages i.e. total Rs. 40,000/ - along with interest at the rate of 6% per annum from the date of advance of earnest money i.e. with effect from 14.11.2000 till realization.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts for the purpose of decision of the present appeal that plaintiff had filed suit for specific performance of agreement of sale dated 14.12.2000 with respect to suit land and earnest money of Rs. 20,000/ - was paid at the time of execution of the agreement and the target date for execution of sale deed was fixed to be 15.11.2001. As per plaintiff, he remained present in the office of Sub Registrar, Samana along with balance sale consideration and amount for the purchase of stamp papers and other necessary expenses. Plaintiff waited for defendant No. 1 for whole day but he failed to put in appearance. Thereafter, legal notice was issued but defendant No. 1 failed to perform his part of the agreement and as such necessity of the suit.