AMIT RAWAL,J. - (1.)Appellant-plaintiff is in Regular Second Appeal against the judgments and decrees rendered by both the Courts below in not granting the discretionary relief under Section 20 of the Specific Relief Act in respect of an agreement to sell dated 8.6.1989 and instead ordered for refund of earnest money to the tune of Rs. 10,000/- with interest @ 12% per annum from the date of execution of agreement to sell till realisation.
(2.)The plaintiff instituted the aforementioned suit seeking possession by way of specific performance of the agreement to sell over and above challenged to the judgment and decree dated 10.11.1990 passed in favour of respondent Nos.2 to 5 and sale deed dated 4.3.1991 passed in favour of defendants No.6 and 7 with alternative prayer of recovery of Rs. 75,000/-, i.e., Rs. 10,000/- paid in advance as earnest money and Rs. 65,000/- as damages. The suit was filed against Sucha Singh (since deceased) being represented through L.Rs. and others on the premise that an agreement to sell dated 8.6.1989 in respect of land measuring 19 bighas 8 biswas comprising in Khasra No.208 to 211, situated in Village Dhindsa described in the plaint was executed between the appellant-plaintiff and respondent defendant No.1 for a total sale consideration of Rs. 1.5 lacs and received Rs. 20,000/- as earnest money. The agreement to sell envisages that the sale deed was required to be registered in two parts, i.e., first to the extent of 1/2 share upto 15.7.1989 by adjusting Rs. 10,000/- in the said sale deed and the second sale deed for remaining 1/2 share upto 31.12.1989 by adjusting another sum of Rs. 10,000/- out of the earnest money.
(3.)It was further pleaded that defendant No.1 executed the registered sale deed to the extent of 1/2 share on 17.7.1989 in favour of the plaintiff by performing his part of the agreement, but for the remaining half share did not come present, though the plaintiff was always ready and willing to perform his part of the contract. The plaintiff had gone to the office of the Sub Registrar, Rajpura on 29.12.1989 with the remaining sale consideration of Rs. 65,000/- as 30.12.1989 and 31.12.1989 were holidays, but defendant No.1 did not turn up. The plaintiff waited in the office of Sub Registrar from 9.00 AM to 5.00 PM, which necessitated him to submit an application to the Sub Registrar on 29.12.1989 regarding marking his presence for the purpose of compliance of provisions of Section 16 (c) of the Specific Relief Act, 1963 (for short "the Act").