LISA GILL,J. - (1.)The appellant is aggrieved of judgment and decree dated 23.07.2011, passed by the learned Additional District Judge, Jalandhar whereby the appeal preferred by respondent no.1-plaintiff was partly accepted and judgment and decree dated 04.06.2010, passed by the learned trial Court dismissing the suit was set aside. Learned Additional District Judge, Jalandhar, directed recovery of the earnest money of Rs.5 lakhs with interest @ 12% per annum from the date of agreement till actual payment. Consequently, the suit filed by the respondent-plaintiff was partly decreed.
(2.)Respondent-plaintiff filed a suit for specific performance of an agreement to sell dated 03.09.2007 in respect to a plot as described in the petition. It is pleaded that defendant no.1 (present appellant) being the owner of the suit property entered into an agreement to sell dated 03.09.2007 with the plaintiff for sale of property in dispute @ Rs.4,80,000/- per Marla. A sum of Rs.5,00,000/- was paid by the plaintiff to defendant no.1 as earnest money with the remaining amount to be paid at the time of registration and execution of the sale deed. It was decided that the sale deed would be executed on 30.09.2007 but as the same was a Sunday, the plaintiff went to the office of Sub-Registrar, Jalandhar on 01.10.2007 for execution of the sale deed but the defendant-appellant, it is stated, did not turn up. Plaintiff marked his presence in the office of Sub-Registrar and defendant no.1 was requested to execute the sale deed but he refused to execute the same while disclosing that he had already executed a registered sale deed no. 8172 dated 19.11.2007 in favour of defendant no.2 Rajinder Dhanoa, in respect to the suit property. It is pleaded that the sale deed dated 19.11.2007 executed by defendant-appellant in favour of defendant no.2 is illegal, null and void and not binding upon rights of the plaintiff. When defendant-appellant failed to perform his part of the contract, the suit was filed.
(3.)Both the defendants contested the suit. Separate written statements were filed. Defendant-appellant while taking various preliminary objections, however, admitted the execution of agreement to sell dated 03.09.2007 for the sale consideration as mentioned. However, it is denied that the plaintiff was ready and willing to perform his part of the contract. It is stated that as it was a Sunday on 30.09.2007, defendant informed the plaintiff to come present before the office of the Sub-Registrar, Jalandhar along with balance sale consideration on 01.10.2007 but it is the plaintiff who did not appear as he did not have the requisite balance sale consideration with him. Despite requests, the plaintiff did not come forward for execution of the sale deed. Notice dated 03.10.2007 is denied. The property ultimately was sold to defendant no.2 on 19.11.2007.