IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:27.08.2025 (cid:1)

Ashok Kumar and others ...Appellants Versus (cid:1)

S.R. Education Society (regd). and others ...Respondents CORAM : HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. A.D.S. Sukhija, Advocate, for appellants.

Mr. K.P.S. Dhillon, Advocate, for respondent No. 1.

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(cid:1)

AMARINDER SINGH GREWAL, J. (ORAL)

1. The defendants, who are appellants before this Court, have assailed the concurrent findings of fact recorded by the Courts below. Vide judgment and decree dated 27.04.2017, the learned trial Court, while treating the suit for specific performance as one for recovery, decreed the same with costs by directing defendants No.1 to 3 to refund a sum of ₹30,00,000/- with simple interest at the rate of 6% per annum, calculated on ₹15,00,000/- from 29.07.2011 and on the remaining ₹15,00,000/- from 05.10.2011 till realization, with further stipulation that in case of default, the respondent No.1-plaintiff would be entitled to recover the decretal amount through execution. The appeal preferred by the appellants-defendants was dismissed by the learned First Appellate Court vide judgment and decree dated 18.03.2025, thereby affirming the findings of the learned trial Court. It is against the aforesaid concurrent findings that the defendants have approached this Court in the present Regular Second Appeal.

2. For the sake of convenience, the parties shall be referred to in terms of their status before the learned trial Court.

3. In brief, facts of the case are that defendant No.4 was recorded owner in possession of land measuring 12 kanals, comprised in khewat No.9, khatoni No.12, Rect. No.31, Killa No.10/2/2 min Dakshin (1-10), 11/1 (4-6), Rect. No.32, Killa No.6 min Dakshin (1-10), 15/1 (4-14), total kitta-4, situated in village Samani, Tehsil Thanesar, District Kurukshetra, as per jamabandi for the year 2008-2009 read with registered sale deed No.14298 dated 07.03.2011 (hereinafter referred to as the ‘suit property’). Defendant No.4 entered into an agreement to sell land measuring 18 kanals 7 marlas comprised in Khewat No.9, Khatoni No.12, total kittas-5 (including the suit property) in favour of defendants No.1 to 3 vide agreement to sell dated 11.03.2011 at the rate of ₹43,25,000/- per acre, against which he received ₹10,00,000/- as earnest money, followed by an additional sum of ₹10,00,000/- on 29.07.2011 from defendant Nos.1 to 3. The date for execution of the sale deed was initially fixed as 05.09.2011, later extended upto 25.10.2011.

4. On the strength of the aforesaid agreement to sell, defendants No.1 to 3 executed an agreement to sell qua the suit property in favor of the plaintiff on 29.07.2011 at the rate of ₹47,00,000/- per acre, undertaking to secure the sale deed from defendant No.4 on or before 22.10.2011. On that day, the plaintiff paid ₹15,00,000/- (₹10,50,000/- in cash and ₹4,50,000/- by cheque) as earnest money. Subsequently, the plaintiff also paid ₹10,00,000/- as additional earnest money on request of defendants No.1 to 3, followed by another ₹5,00,000/- vide writing dated 05.10.2011, thus making a total payment of ₹30,00,000/-. The plaintiff remained ready and willing and approached defendants No.1 to 3 on 21.10.2011 with the balance sale consideration, whereupon they assured execution of sale deed on 24.10.2011, since 22.10.2011 and 23.10.2011 were holidays. However, defendants failed to perform their part of the contract. The plaintiff marked his presence before the Sub-Registrar, Thanesar, on 24.10.2011 through affidavit, along with the requisite funds. Meanwhile, defendant No.4 executed a registered sale deed dated 27.12.2011 in favour of defendant No.5 qua 11 kanals 19 marlas of the suit property, despite prior knowledge of the subsisting agreement.

5. Defendants No.1 to 3 later issued notice dated 08.11.2011 (received on 16.11.2011), wherein execution of agreement dated 29.07.2011 and receipt of ₹30,00,000/- was admitte