Kanshi Ram vs Om Prakash Jawal & Ors on 15 April, 1996
9. In the instant case, plaintiff having successfully proved the execution of agreement on payment of earnest money, there was no reason to deny the relief of specific performance of agreement particularly when defendant Surjeet committed breach of agreement by selling the land to other defendants. It is to be noticed that plaintiff in this case lost no time in approaching the Court for relief of specific performance of the contract. As per agreement dated 30.8.1988, defendant Surjeet was required to get the sale deed executed and registered on or before 6.11.1988. Plaintiff having become suspicious of the intention of defendant Surjeet that he might sell the land to some body else, got a notice published in a local newspaper and distributed hand-bills and also pasted the same at conspicuous places in the village and near the office of the Sub-Registrar, Faridabad. Suit for specific performance too was filed on 27.1.1989 i.e. within five months of the execution of the agreement. As regards the judgment in the case of Kanshi Ram v. Om Parkash Jawal, (1996-2)113 P.L.R. 337 cited by learned counsel for the defendants, alternative relief of damages was granted because the respondents therein were prepared to pay Rs. 10 lacs, though appellant therein had claimed Rs.12,000/-. Agreement of sale related to land measuring 100 square yards situated in Dayanand Colony, Lajpat Nagar, New Delhi and total sale consideration to be paid was Rs.10,000/- out of which Rs. 2,500/- were paid as earnest money. The said case lends no support to the case of defendants. On the facts of the present case, it would be wholly inequitable if relief of specific performance of agreement is denied to the plaintiff.