Rakesh Kumar Garg, J. - (1.) CM No. 4720 -C of 2013
(2.) CM is allowed subject to all just exceptions. CM No. 4721 -C of 2013 CM is allowed subject to all just exceptions. Delay, if any, in making up the deficiency in court fee is condoned. RSA No. 1772 of 2013 (O&M) This is defendant's second appeal challenging the judgment and decree of the Lower Appellate Court dated 1.12.2012 whereby judgment and decree of the trial Court dated 21.10.2009 decreeing the suit of the plaintiff -respondent for possession by way of specific performance of the agreement to sell in question, has been upheld.
(3.) AS per the averments made in the suit, the appellant being owner of the land measuring 7 kanals 8 marlas executed an agreement to sell dated 9.12.2005 to sell his land @ Rs. 4,25,000/ - per acre and accepted earnest money of Rs. 3,00,000/ - in the presence of the witnesses and further agreed to execute the sale deed in respect of the land in question on or before 5.1.2006 on payment of balance sale consideration. According to the plaintiff -respondent, he was ready and willing to perform his part of the contract. He approached the appellant on 6.1.2006 to execute the sale deed after accepting the balance sale consideration by appearing before the Sub -Registrar, Tarsikka, 5.1.2006 being the holiday but the appellant failed to turn up to perform his part of the contract. Consequently, the plaintiff -respondent got his presence marked before the Joint Sub -Registrar. Thereafter also, the plaintiff -respondent approached the appellant many times with request to execute the sale deed in performance of the agreement dated 9.12.2005 but he refused to do so and threatened to transfer the suit property in favour of third person. Hence, necessity arose to file the instant suit.;