CHARAN SINGH Vs. SANTOKH SINGH
LAWS(P&H)-2016-2-315
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 26,2016

CHARAN SINGH Appellant
VERSUS
SANTOKH SINGH Respondents

JUDGEMENT

SHEKHER DHAWAN,J. - (1.)Present regular second appeal having been filed by the defendant is against judgment & decree dated 21.1.2013, passed by the First Appellate Court, whereby appeal was partly accepted and impugned decree was passed in a suit for specific performance, whereas the Court of first instance dismissed the suit for proprietary possession as mortgagee by way of specific performance of agreement dated 10.4.2003.
(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 that plaintiff -Santokh Singh had filed suit for proprietary possession as mortgagee by way of specific performance of agreement dated 10.4.2003 of the suit land. As per plaintiff, payment of Rs. 74,000/ - was made to the defendant on the date of agreement and the total sale consideration was Rs. 80,000/ -. The stipulated date for execution and registration of the mortgage deed was 5.4.2006 and in case of default in payment by the defendant, plaintiff would be entitled to enforce the agreement through Court of law and to recover Rs. 1,28,000/ -. Defendant contested the suit taking the plea that plaintiff concealed the material facts from the Court and there was no cause of action. Defendant also took the plea that neither agreement of mortgage of the suit land was executed on 10.4.2003 nor earnest money of Rs. 74,000/ - was received and plaintiff was not entitled to enforce the agreement and to recover Rs. 1,28,000/ -. Defendant had never delivered possession of the suit land. Rather defendant is in possession of the same. As defendant never entered into agreement with the plaintiff, so there was no question of readiness and willingness to perform his part of the agreement of mortgage and prayed that present suit be dismissed.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.