S.N.AGGARWAL,J - (1.) AMAR Singh appellant was the owner of land measuring 26 bighas 3 biswas. He had executed an agreement of sale dated 12.12.1987 in favour of Jaswant Kaur respondent. The land was to be sold at the rate of Rs. 12,000/- per bigha and the total amount of sale consideration came to be Rs. 2,95,300/-, Rs. 20,000/- were paid as earnest money. The sale-deed was to be executed on 1.6.1988. These facts are undisputed.
(2.) HOWEVER , the respondent filed civil suit on 15.6.1900 (1990 ?) for joint possession by way of specific performance of the agreement of sale dated 12.12.1987. It was pleaded by her that she was ready and willing to perform her part of the agreement and was still ready and willing to do so while the appellant has committed breach of agreement. The appellant admitted that the sale-deed was to be executed on 1.6.1988. It was pleaded that he was ready and willing to perform his part of the agreement but the respondent had failed to do so. She had served notice through her counsel Shri Manmohan Sharma, Advocate on the appellant and it was replied by him (appellant) through his counsel on 24.11.1988. He even asked the respondent to get the sale-deed executed in her favour on 5.12.1988 but she failed to appear before the Sub-Registrar on that day while the appellant had reached the office of Sub-Registrar, Amloh for executing the sale-deed in favour of the respondent. In token of his presence, he got his affidavit attested from the Sub-Registrar, Amloh. The appellant again served a notice through his counsel on the respondent on 15.12.1988 requesting the respondent to appear in the office of Sub-Registrar on 15.1.1989 for getting the sale- deed executed but the respondent failed to appear while the appellant reached the office of Sub-Registrar, Amloh on 16.1.1989 as 15.1.1989 was Sunday and got his affidavit attested in token of his presence in the office of Sub- Registrar, Amloh. Hence, it was submitted that the respondent was not ready and willing to perform her part of the agreement and prayed for the dismissal of the suit.
(3.) ISSUES were framed.;