RAMESHWAR SINGH MALIK, J. - (1.)Unsuccessful plaintiff is in regular second appeal, against the concurrent findings of facts recorded by both the learned courts below, whereby his suit for possession by way of specific performance of agreement to sell dated 23.11.2007 and supplementary agreement to sell dated 3.9.2008 was dismissed, as he failed to prove his pleaded case.
(2.)Brief facts of the case, as recorded by the learned first appellate court in para 2 of its impugned judgment, are that the appellant-plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 23.11.2007 and subsequent agreement to sell dated 3.9.2008 and the consequential relief of permanent injunction was also sought. It was pleaded by the plaintiff that the defendant was the owner of suit property, as detailed in the head-note of the plaint which she had purchased vide sale deed dated 25.4.2005. The defendant entered into an agreement to sell dated 23.11.2007 for the sale of suit property for a sale consideration of Rs. 2,00,000/- and the plaintiff paid Rs. 1,15,000/- to the defendant as earnest money and the last date for execution and registration to sale deed was fixed as 23.10.2008.
(3.)It was assured by the defendant that the execution and registration of property in question shall be done in time by taking NOC from the competent authority for execution and registration of sale deed. On 2.9.2008, defendant came to the plaintiff and requested the plaintiff to pay the balance sale consideration by showing his need and also stated that Chameli Devi is her relative who need the house in question for some time and was also ready to pay rent and the plaintiff stated that he was ready to pay the balance sale consideration and wanted to take possession of entire house in question from defendant and then would give the house in question on rent to Chameli Devi. On 3.9.2008, plaintiff paid the entire balance amount of Rs. 85,000/- to the defendant and the defendant handed over the possession of the entire house in question and a supplementary agreement had been executed between the parties to the suit. A rent agreement was also executed in between Chameli Devi and plaintiff and plaintiff became landlord of Chameli Devi. Said Chameli Devi paid rent for eight months only and thereafter, stopped paying the rent and also vacated the property and handed over the possession to the defendant. The plaintiff requested the defendant to execute the sale in his favour but the defendant failed to execute the sale deed in spite of legal notice