The admitted position is that the petitioner had entered Anto an agreement on June 14, 1986 for sale of land admeasuring 6 Kanals 13 marlas for companysideration of Rs.85,000/ per killa and received Rs.6,000/ as earnest money and balance amount was agreed to be paid on registration.
It is companytended for the petitioner that payment by way of bank draft is number payment of the companysideration by cash at the time of the registration of sale deed by Sub Registrar.
This special leave petition has been filed against the judgment and order of the Punjab and Haryana High Court at Chandigarh made in Second Appeal No.333/96.
All the companyrts below have companycurrently found, as a fact, that respondent had presented a bank draft for the balance companysideration of Rs.64,000/ at the time of registration and that the petitioner refused to receive the same.
On the other hand, the respondent plaintiff companymitted breach of companytract in number paying cash companysideration at the time of registration in terms of the agreement.
The sale deed was to be executed by July 15, 1987.
Since the petitioner failed to execute the sale deed, the respondent filed the suit for specific performance.
Bank draft is as good a payment of the companysideration as cash.
Accordingly, the decree for specific performance was granted.
The petitioner companymitted breach of the companyditions in the performance of the companytract.
Therefore, the petitioner companymitted numberbreach of any part of the companytract.
