RSA No.2004 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2004 of 2011 (O&M). Decided on: May 10, 2011. Jitender. .. Appellant VERSUS Smt.Santra and another. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.N.K.Malhotra, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) Suit of the plaintiff-appellant for specific performance stands decreed for the alternative relief exercising the discretion under Section 20 of the Specific Relief Act. The Courts below while granting the alternative relief of earnest money have . . . 1 RSA No.2004 of 2011 (O&M) taken into consideration the following circumstances: - i) That the paper of agreement of sale had been procured by the plaintiff approximately one month prior to the execution of the agreement of sale dated 18.08.2002; ii) That defendant Rishal Singh is the real brother of mother of the plaintiff's maternal uncle; iii) That there are clear allegations against the plaintiff that he had obtained the thumb impressions of his maternal uncle in a fraudulent manner while he was asleep; iv) That an FIR regarding fraud and cheating was registered against the plaintiff and his father. v) That the source of money to pay earnest money with the plaintiff is debatable; vi) That the defendant has died leaving his wife and the property stands already sold to defendant Nos.2 & 3; and vii) That the plaintiff has not been able to establish his readiness and willingness with sufficient amount available with him to get the sale deed executed on payment of balance sale consideration. The discretion seems to have been rightly exercised in the light of the provisions of Section 20 of the Specific Relief Act. Counsel for the defendant-appellant has placed reliance upon Sampat Vs. Laxmi Narain, 2009 (4) ICC 129, Motilal Jain Vs. Ramdasi Devi, 2000 (3) RCR (Civil), 545, and Jora Singh . . . 2 RSA No.2004 of 2011 (O&M) Vs. Lakhwinder Kumar and others, 2011 (1) RCR (Civil) 130, in support of his contention that when agreement of sale is established, Courts should generally grant the relief of specific performance. There is no dispute regarding the ratio of the above said rulings but in the present case, the plaintiff-appellant having been failed to establish his readiness and willingness as balance sale consideration available with him, the Courts below have rightly exercise the discretion to grant the alternative relief. No ground is made out for interference. Dismissed. (M.M.S.BEDI) JUDGE May 10, 2011. rka . . . 3