- (1.) Cm-9400-C-2016 There is delay of 330 days in re-filing the present appeal. The appellant has filed an application under Section 151 of the Code of Civil Procedure, 1908 for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 330 days in re-filing the present appeal is hereby condoned. RSA-3597-2016 This regular second appeal has been preferred against the judgment and decree dated 23.02.2015 passed by the learned Additional District Judge, Ludhiana, vide which the appeal filed against the judgment and decree dated 21.05.2013 passed by the learned Additional Civil Judge (Senior Judge), Ludhiana, has been dismissed.
(2.) The appellant-plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 31.05.2003 entered into by respondent-defendant No.2 on behalf of respondent-defendant No.1 in favour of the appellant-plaintiff with respect to the land measuring 33 Kanals 14 Marlas detailed and described in the plaint, situated in the revenue estate of village Mohi. The consequential relief of injunction was also sought.
(3.) As per the averments in the plaint, defendant No.2 was the general power attorney of defendant No.1. In his capacity as a general power of attorney of defendant No.1, he executed the agreement to sell dated 31.05.2003 in favour of the plaintiff with respect to the suit land for a sale consideration of 4,00,000/- per acre. 1,0 0,000/- was paid as earnest money in the presence of the marginal witnesses. The stipulated date for execution and registration of the sale deed was 30.06.2003 on receiving the balance sale price. The defendant did not turn up for execution and registration of the sale deed. Though the plaintiff went to the office of the Sub Registrar, Mullanpur. He is still ready and willing the perform his part of contract. Hence, the suit.;