- (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby suit for possession by way of specific performance of agreement of sale dated 12.12.2005 filed by the plaintiffs was decreed by the Court of first Instance vide judgment and decree dated 22.09.2009 and a money decree of Rs.11.00 lacs along with interest at the rate of 6% per annum with costs was passed. The appeal filed by the plaintiffs was allowed by learned District Judge, Shaheed Bhagat Singh Nagar, vide judgment and decree dated 7.5.2011 and the suit for possession by way of specific performance of the agreement was decreed.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that parties to the litigation agreed for sale of suit-land on the basis of agreement of sale dated 12.12.2005 for a total consideration of Rs.49,50,000/-. A sum of Rs.11,00,000/- was paid as earnest money and the balance payment was to be made till 15.6.2006. As per the plaintiffs, on the target date, i.e., 15.6.2006, both the parties visited the office of Sub Registrar, Balachaur and got executed and attested their respective affidavits in token of their presence. However, the sale deed could not be executed on the said date. As per the plaintiffs, the defendants insisted for payment of balance amount only through bank draft and the banking hours had already come to close by that time. With mutual consent of both the parties, next date for execution of sale deed was fixed as 19.6.2006. Sale deed was scribed on stamp papers worth Rs.2,56,000/-. As per the plaintiffs, sufficient funds were available with them and the plaintiffs filed suit for specific performance of agreement of sale.;