RSA 3853 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. RSA 3853 of 2009 Date of decision:15.2.2011 Bhajan Kaur Petitioner vs. Daljit Singh and another Respondent Present: Mr. Harinder Sharma, Advocate. Mr. SS Salar, Advocate. M.M.S.BEDI,J. The suit of the plaintiff-appellant for specific performance of an agreement of sale dated 22.9.1999 has been dismissed by the courts below on the ground that the plaintiff- appellant was not ready to perform her part of the contract as she had not offered the balance of the sale consideration on the due date. No ground is made out for interference in the concurrent finding of fact regarding the willingness and readiness of the plaintiff- appellant but so far as defendant- respondents are concerned, they had admittedly received a sum of Rs.50,000/- as earnest money, which is claimed by the defendant- respondents to have been forfeited on account of non performance of the agreement by the plaintiff- appellant. After going through the facts and circumstances of this case, it appears that both the plaintiff and the defendants have not acted fairly so far as the performance of their respective parts , pursuant to the agreement of sale, was required. The courts below did not appreciate the fact that the jurisdiction of the court in cases of specific performance is discretionary. Representative of the plaintiff-appellant and respondent No.1 Daljit Singh are present in the court. The procedure of mediation and reconciliation has RSA 3853 of 2009 2 been adopted and this court has been converted into a Lok Adalat. The defendant- respondents have been asked to return a part of the amount, received as earnest money from the plaintiff-appellant, who has been deprived of a sum of Rs.50,000/- despite the fact that she had appeared before the Sub- Registrar on the date fixed. Both the parties have agreed that the defendant- respondents will return a sum of Rs.40,000/- to the plaintiff-appellant by 29.4.2011 by way of demand draft in the name of the appellant Bhajan Kaur payable at Patran., forfeiting a part of the amount i.e. Rs.10,000/-. Undertaking of the defendant- respondent Daljit Singh to repay the amount to the extent of Rs.40,000/- has been placed on record and made part of the record. In view of the above, the appeal is disposed of as having been amicably settled. In case the money is not paid by the defendant- respondents, it will be open to the plaintiff- appellant to proceed against the defendant- respondents in accordance with law. February 15 ,2011 ( M.M.S.BEDI ) TSM JUDGE