PARAMJEET SINGH, J. - (1.) THIS regular second appeal by defendant is directed against the judgment and decree dated 01.09.2011 passed by learned Additional Civil Judge (Senior Division), Amritsar, whereby the suit for possession by way of specific performance, filed by respondent/plaintiff was decreed as well as against the judgment and decree dated 16.05.2012 passed by learned Additional District Judge, Amritsar, whereby the appeal preferred by appellant/defendant has been dismissed. For convenience sake, reference to parties is being made as per their status in the civil suit.
(2.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for possession by way of specific performance, permanent injunction and recovery on the ground that defendant being owner of the house in question had agreed to sell the same in favour of the plaintiff for a consideration of Rs.2,00,000/ - vide agreement to sell dated 08.12.2005 executed in presence of the witnesses. At the time of execution of agreement, a sum of Rs.1,00,000/ - was paid as earnest money to the defendant. Defendant agreed to execute the sale deed in favour of plaintiff upto 20.06.2006. It was agreed that in case defendant failed to perform her part of the agreement, she would refund double the amount of earnest money to the plaintiff and in case plaintiff failed to perform her part of agreement, the earnest money paid would stand forfeited. It is averred that on 20.06.2006 plaintiff along with balance sale consideration and other expenses went to the office of Sub Registrar, Amritsar, in order to get the sale deed executed but the defendant did not turn up. It is further averred that plaintiff was, is and has been always ready and willing to perform her part of the agreement but defendant is guilty of breach of terms of the agreement and failed to perform her part of the agreement.
(3.) HENCE , the suit in question was filed.;