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TMI Blog2023 (3) TMI 1572X X X X Extracts X X X X X X X X Extracts X X X X ..... missed. 2. Learned counsel for the appellant submitted that the appellant entered into an agreement to purchase a plot measuring 1 (Kanal) on 27.05.2013 with Malkit Kaur, wife of Surender Singh resident of Dhillon Colony, Near Electricity Grid, G.T. Road, Moga, Jagraon, District Ludhiana, Punjab on 27.05.2013. On the basis thereof appellant entered into an Agreement to Sell the same to Sarabjit Kaur wife of Darshan Singh (respondent No. 2) on 18.11.2013. The date for execution of sale deed was fixed as 25.06.2014. It was categorically mentioned in the Agreement to Sell that at present the vendor was not the owner of the property. The appellant received a sum of Rs. 5,00,000/- as earnest money and the date of registration of sale deed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igned to record on the basis of the legal opinion received opining the case to be of civil nature. In the first such complaint, there were no allegations against the appellant. In fact the dispute is purely civil in nature. In case the appellant failed to execute the sale deed for which admittedly the last date fixed was 24.12.2014. Respondent No. 2 could have availed of his appropriate remedy of specific performance of Agreement to Sell but no suit was filed. However, third complaint was filed without disclosing the fate of earlier two complaints. The F.I.R. in question was registered on the basis of the complaint filed by respondent No. 2 on 15.06.2017 i.e. nearly three years after the date fixed for execution of sale deed. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es filing of the criminal complaint, respondent No. 2 had initiated any civil proceedings for execution of sale deed on the basis of Agreement to Sell or in the alternative return of the earnest money. 9. A perusal of the first complaint made by respondent No. 2 on 30.09.2015 shows that the prayer was made for return of the amount paid by him with no allegation of cheating. It was filed only against Manmohan Singh and Ranjit Singh, the property dealers. Reference in the aforesaid complaint was made to the Agreement to Sell executed between the parties. In addition, there was a reference to two other Agreements to Sell executed in total. A prayer was made for getting an amount of Rs.29,39,500/- refunded from the property dealers. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s money back whereas there is nothing pleaded that respondent No. 2 that he was ever ready and willing to get the sale deed registered. There was no effort made by the respondent No. 2 or the vendee in the Agreement to Sell to initiate any civil proceedings to get the sale deed executed on the basis of the Agreement to Sell. In fact, the last date fixed for execution of the sale deed even after extension was 24.12.2014. 12. There is nothing on record to suggest that any notice was issued by the respondent No. 2 or the vendee to the appellant to get the sale deed registered just either before expiry of the last date fixed for executed of sale deed or immediately thereafter. No civil proceedings were also initiate rather the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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