- (1.) The present regular second appeal has been filed against judgment and decree dated 20.11.2001 passed by learned Additional District Judge, Chandigarh, allowing appeal filed by respondent-plaintiff against judgment and decree dated 29.7.2000 passed by the Court of learned Additional Civil Judge (Senior Division), Chandigarh, dismissing suit filed by respondent-plaintiff and by reversing the said finding recorded by learned trial Court, suit filed by respondent-plaintiff for specific performance of agreement to sell dated 22.9.1993 of the property in dispute was decreed.
(2.) Briefly stated, respondent-plaintiff filed this suit for a decree for possession by way of specific performance of agreement to sell dated 22.9.1993 executed between the parties regarding House No.3452, Sector 23-D, Chandigarh, measuring 7-1/2 marlas, and in the alternative for recovery of Rs. 1 lac for damages for the breach of contract by respondentsdefendants. It has been averred that respondent-plaintiff was in search of a house for his own living at Chandigarh and for that purpose he contacted M/s Shakti Property Dealers, Chandigarh, and he got agreement to sell dated 22.9.1993 executed between the parties. Appellants-defendants agreed to sell the said house for a consideration of Rs. .8,40,000/- and a sum of Rs. 50,000/- was paid in cash as earnest money by respondent-plaintiff and the last date for execution of sale deed, on receipt of remaining sale consideration, was agreed to be 31.1.1994. As per terms and conditions of the agreement, appellants-defendants were to get the order of resumption of the house in dispute set aside from the competent authority and they were also to clear loan taken from the Estate Officer, Chandigarh Administration.
(3.) They were also to obtain 'No Objection Certificate' from Estate Officer, Chandigarh Administration, Chandigarh and 'No Objection Certificate' from Income Tax authorities. However, time for execution of sale deed was extended initially from 31.1.1994 to 28.2.1994 vide writing dated 27.1.1994. Time was again extended upto 31.3.1994 and again upto 31.5.1994. Appellants-defendants obtained 'No Objection Certificate' on 23.2.199;