IMPORTANT POINT
Agreement to sell--Readiness and willingness--Sending of notice by plaintiff to defendant requiring him to execute sale deed as per agreement and thereafter filing of suit by plaintiff would suffice to prove his readiness and willingness to perform his part of contract.

L.N.Mittal, J.

1. This is second appeal by defendant Jora Singh, having remained unsuccessful in both the courts below.

2. The suit was filed by Inderjit Singh (since deceased and now represented by respondents as his legal representatives) alleging that the defendant- appellant agreed to sell the suit land measuring 18 bighas 09 biswas to the plaintiff @ Rs. 42,000/- per bigha, vide agreement dated 13.11.2002 and received Rs. 4,00,000/- as earnest money. Sale deed was to be executed on or before 30.11.2003. However, 29.11.2003 and 30.11.2003 being holidays (Saturday and Sunday), the plaintiff appeared before the Sub R.S.A. No. 597 of 2010 2 Registrar on 28.11.2003 for getting the sale deed executed in terms of agreement, but the defendant did not turn up. Notice sent to the defendant was received back undelivered. The defendant has committed breach of the agreement, whereas the plaintiff always remained ready and willing to perform his part of the contract. On these averments, the plaintiff sought specific performance of the agreement to sell and in the alternative, for recovery of Rs. 7,74,900/-.

3. The defendant denied the plaint allegations. The defendant also denied to having agreed to sell the suit land to the plaintiff or having executed the agreement or having received Rs. 4,00,000/- as earnest money. The defendant alleged that he used to sell his crop at the shop of Vijay Singla - Commission Agent, who used to obtain thumb impressions/signatures of the defendant on blank papers as collateral security and after settling accounts with him in June 2004, the defendant shifted to another Commission Agent, but Vijay Singla has forged the alleged agreement in connivance with plaintiff and marginal witnesses. Various other pleas were also raised.

4. Learned Civil Judge (Junior Division), Dhuri, vide judgment and decree dated 30.01.2007, instead of granting the relief of specific performance of the agreement, decreed the plaintiffs suit for recovery of Rs. 4,51,000/- i.e. Rs. 4,00,000/- advanced as earnest money and Rs. 51,000/- as interest till the date of filing of the suit. Pendente lite and future interest @ 6% per annum was also granted. First appeal preferred by the plaintiff has been allowed by learned District Judge, Sangrur, vide judgment and decree dated 04.11.2009 and thereby, plaintiffs suit for specific performance of the agreement to sell has been decreed. Feeling aggrieved, defendant has preferred the instant second appeal.

5. I have heard learned counsel for the appellant and perused the case file.

6. Learned counsel for the appellant vehemently contended the plaintiffs readiness and willingness to perform the impugned agreement is not proved, and therefore, the plaintiff is not entitled to relief of specific performance, as rightly held by the trial court. The contention cannot be accepted. There is unrebutted evidence of the plaintiff that he was always ready and willing to perform his part of the contract. He appeared before the Sub Registrar on 28.11.2003 to get the sale deed executed in terms of the agreement. The plaintiff also got attested affidavit dated 28.11.2003 (Ex.P-3) from Notary Public depicting his readiness and willingness to perform his part of the contract. The plaintiff also sent notice Ex.P-6 by registered post to the defendant, but the said notice was received back undelivered as the defendant did not meet the postman, when he went to deliver the notice to the defendant on different dates mentioned on the envelope. The plaintiff thereafter filed the instant suit. The very fact that the plaintiff went to the office of Sub Registrar on 28.11.2003 and got affidavit Ex.P-3 attested from the Notary Public and also sent notice to the defendant and thereafter also filed the instant suit is sufficient to depict that the plaintiff has always been ready and willing to perform his part of the contract.

7. In addition to the aforesaid, the defendant has even denied the execution of the agreeme