JASWANT SINGH,J - (1.) SINCE there is delay of 39 days in filing the instant appeal, an application bearing CM No.6746-C/2012 under Section 5 of the Limitation Act has been filed seeking condonation of said delay. The application is accompanied by an affidavit of the defendant/appellant.
(2.) FOR the reasons stated in the application, the same is allowed and delay of 39 days' in filing the appeal is condoned. Defendant/appellant is in second appeal against the concurrent findings recorded by both the courts below whereby the suit of the plaintiff/respondent for possession by way of specific performance of the agreement to sell dated 6.1.2004 was decreed by the trial court and appeal filed by the defendant/appellant was dismissed by the learned lower appellate court.
(3.) FACTS in brief are that the plaintiff/respondent-Manjit Singh filed the suit with the averments that defendant entered into an agreement to sell with him in respect of suit property measuring 51 square yards for a total sale consideration of Rs.1.05 lacs, out of which Rs.1 lac was paid as earnest money in the presence of the attesting witnesses. The target date for executing the sale deed was fixed on or before 6.7.2004, which was extended upto 6.3.2005 vide writing dated 9.8.2004. Since the defendant failed to perform his part of the contract, the plaintiff filed the suit.;