GOBIND RAM Vs. GIAN CHAND

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of Delhi High Court dated 20th December, 1991 passed in RFA No. 50 of 1977.

(2.) We may briefly state the undisputed facts. The appellant agreed to sale the disputed property situated at Lajpat Nagar (IV), New Delhi for a consideration of Rupees 16,000/- to the respondent and accordingly on 24th January, 1973 an agreement to sale was executed and a sum of Rs. 1000/- was paid as earnest money to the appellant. Respondent filed the suit for specific performance of the contract as the appellant failed to execute the sale deed within time. On 6-10-1976 the suit was decreed and the respondent deposited balance consideration of Rs. 15,000/- in the trial Court. The appeal filed by the appellant in the High Court was also dismissed by the impugned judgment dated 20th December, 1991. However, to mitigate the hardship to the appellant and as the respondent agreed to pay more sum, High Court directed the respondent to deposit a further sum of Rs. 1,00,000/- which was to be released to the appellant on giving possession of the suit property. The said sum was also deposited in the registry of the High Court by the respondent and it is being kept in interest bearing fixed deposit. The appellant has filed the present appeal and that is how the parties are before us.

(3.) We have heard learned senior counsel for the parties. Only contention urged before us by the learned senior counsel for the appellant is that instead of decree for specific performance, compensation may be awarded.