SURAT SINGH Vs. MAJOR SINGH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against the judgment and decree dated 5.8.2015 passed by the Additional District Judge, Moga whereby appeal against judgment and decree dated 11.3.2014 passed by the trial court has been allowed and suit of the respondents- plaintiffs for possession by way of specific performance of agreement of sale dated 6.9.2004 was allowed, in the terms indicated in para 19 of the judgment of First Appellate Court.

(2.) The respondents-plaintiffs sought possession by way of specific performance of agreement to sell dated 6.9.2004 in respect of land measuring 62 kanal 7 marlas for total sale consideration of Rs. 15,58,750/- out of which Rs. 12 lakh was paid as earnest money and sale deed was agreed to be executed on 6.9.2005.

(3.) As per case set up by the respondents-plaintiffs, they remained present in the office of Sub Registrar concerned on 7.9.2005 as 6.9.2005 was not a day fixed for execution of sale deeds at Dharamkot. It is further averred that respondents-plaintiffs always remained ready and willing to perform their part of the agreement. They issued legal notice dated 7.3.2008 calling upon the appellant to execute the sale deed but he refused to accept it.