JUDGMENT :

VIKRAM AGGARWAL, J.

This is defendants’ appeal against judgment and decree dated 16.07.2021 passed by the Court of Additional District Judge, Charkhi Dadri, dismissing the appeal filed against judgment and decree dated 26.02.2018 passed by the Court of Additional Civil Judge (Sr. Divn.), Charkhi Dadri, vide which the suit filed by the respondent/plaintiff (Suresh Kumar) for possession by way of specific performance and consequential relief of permanent injunction was decreed.

2. For the sake of convenience and clarity, parties shall be referred to as per their original status.

3. Plaintiff (Suresh Kumar) instituted a suit for possession by way of specific performance of agreement to sell dated 30.07.2009, executed by defendant No.1 (Partap Singh) in favour of the plaintiff in respect of shop bearing No.181, situated at New Grain Market, Charkhi Dadri, District Bhiwani (hereinafter referred to as, ‘the disputed shop’), directing to execute the sale deed in his favour. Consequential relief of permanent injunction restraining the defendants from alienating the disputed shop by way of sale/mortgage/gift/lease was also sought.

3.1 It was averred that defendant No.1 (Partap Singh) had applied for allotment of a shop in New Grain Market, Charkhi Dadri, vide application dated 07.07.2009. Draw of lots was conducted on 29.07.2009 by Haryana State Agricultural Marketing Board. The total sale consideration was Rs.8,25,000/-. A sum of Rs.2,62,500/- was to be deposited towards the bid money. Since defendant No.1 could not arrange the said amount, he approached the plaintiff, pursuant to which agreement to sell dated 30.07.2009 was executed.

3.2 By way of the said agreement, defendant No.1 agreed to sell the disputed shop to the plaintiff for a total sale consideration of Rs.14,50,000/-. A sum of Rs.2,25,000/- was paid as earnest money to defendant No.1, which was deposited in the office of the Market Committee, Charkhi Dadri, vide receipt No.39/248 dated 29.07.2009. It was averred that agreement to sell dated 30.07.2009 was executed in the presence of witnesses Anil Kumar and Prakash. Further, a sum of Rs.6,25,000/- was received by defendant No.1. The agreement to sell was also attested by one Jagdev Singh Shivran, Notary Public, Charkhi Dadri.

3.3 It was agreed that after the payment of Rs.2,25,000/- and Rs.6,25,000/-, the balance amount of Rs.6,00,000/- would be deposited by the plaintiff in installments, and that after deposit of the total amount of allotment, the defendants would be liable to transfer the disputed shop in favour of the plaintiff.

3.4 It was averred that in addition to the sum of Rs.8,50,000/-, the remaining amount, details of which were given in the plaint, was also deposited from 2009-2012. It was averred that receipts of the same were in possession of the plaintiff.

3.5 It was further averred that in this way, the total price of the disputed shop was paid up to 03.08.2012, after which defendant No.1 was requested to get the disputed shop transferred in favour of the plaintiff.

3.6 However, since defendant No.1 refused to get the sale deed executed, a legal notice dated 30.08.2012 was issued by the plaintiff to defendant No.1 calling upon him to get the sale deed executed.

3.7 Since the same was not done, another legal notice dated 17.09.2012 was got issued to defendant No.1 calling upon him to get the sale deed executed within ten days. Defendant was asked to come present in the office of Sub Registrar Charkhi Dadri on 01.10.2012, for execution and registration of the sale deed.

3.8 It was averred that on 01.10.2012 at 9:00 am, the plaintiff remained present in the office of Sub Registrar, Charkhi Dadri along with the witnesses and the expenses of stamps, registration fee etc. but the defendant did not turn up. Consequently, the plaintiff got his affidavit attested from the Executive Magistrate/Sub Registrar, Charkhi Dadri for the purpose of marking his presence. It was averred that under the circumstances, the plainti