JUDGMENT :

Nidhi Gupta, J.

RSA-2269-2022 (O&M)

1. The plaintiff is in second appeal against the judgments and decrees of the learned Courts below; whereby suit filed by the appellant for specific performance was only partly decreed by the Trial Court for refund of earnest money; and the appeal filed by the plaintiff/appellant against the said decree has been dismissed by the First Appellate Court.

2. The case, as pleaded by the plaintiff is that the defendant/respondent is owner of 99/1970 share of total land measuring 98K 10M. The defendant had entered into an Agreement dated 03.01.2006 with the plaintiff to sell his share of the land to the plaintiff @Rs.4,50,000/- per acre after receiving Rs.50,000/- as earnest money. The target date for execution of Sale Deed was set for 15.05.2006.

3. Upon appraisal of the pleadings and the evidence led by the parties, the ld. Civil Judge (Junior Division), Abohar vide judgment and decree dated 02.06.2012 had partly decreed the suit of the plaintiff with costs for "alternative relief of recovery of principal sum of Rs. 50,000/-(Rs. Fifty Thousand Only) with interest @ 9% per annum from 03.01.2006 i.e. the date of agreement to sell and receipt of earnest money till the date of decree and future interest @ 6% per annum from the date of decree till realization." The appeal filed by the plaintiff was dismissed by learned Additional District Judge, Fazilka vide judgment and decree dated 07.10.2013. Hence, the present second appeal by the plaintiff.

RSA-1649-2014 (O&M)

The plaintiff is in second appeal against the judgments and decrees of the learned Courts below; whereby suit filed by the appellant for possession and specific performance was only partly decreed by the Trial Court for refund of earnest money; and the appeal filed by the plaintiff/appellant against the said decree has been dismissed by the first Appellate Court.

2. The case, as pleaded by the plaintiff is that the defendant is owner of 196/3451 share of total land measuring 172K 11M. The defendant/respondent had entered into an Agreement dated 03.01.2006 with the plaintiff to sell his share of the land to the plaintiff @Rs.4,50,000/- per acre after receiving Rs.1,00,000/- as earnest money. The target date for execution of Sale Deed was set for 15.05.2006.

3. Upon appraisal of the pleadings and the evidence led by the parties, the ld. Civil Judge (Junior Division), Abohar vide judgment and decree dated 02.06.2012 had partly decreed the suit of the plaintiff with costs for "alternative relief of recovery of principal sum of Rs. 1, 00,000/-(Rs. One Lac Only) with interest @ 9% per annum from 03.01.2006 i.e. the date of agreement to sell and receipt of earnest money till the date of decree and future interest @ 6% per annum from the date of decree till realization." The appeal filed by the plaintiff was dismissed by learned Additional District Judge, Fazilka vide judgment and decree dated 07.10.2013. Hence, the present second appeals by the plaintiff.

4. Both the above said Second Appeals are being disposed of by this common order as plaintiff in both the Appeals is the same; the defendants in both the matters are real brothers, who had entered into separate Agreements, both dated 03.01.2006, with the plaintiff; and fundamental facts and issues involved in both appeals are identical. The defendants after entering into their respective Agreements, had refused to execute the contract despite request made by the plaintiff. Hence, two suits were filed on 12.06.2006 for specific performance of the aforesaid two Agreements dated 03.01.2006. For the sake of facility, facts are being drawn from RSA-2269-2014 titled as "Radha Devi vs. Kharati Lal."

5. It is inter alia submitted by learned Senior Counsel for the appellant/plaintiff that learned Trial Court has denied specific performance of the Agreement to the plaintiff only on the ground that plaintiff was not found to be ready and willing to perform her contract. It is submitted that in holding so, t