KAULASHWARI DEVI Vs. NAWAL KISHORE

JUDGEMENT

(1.) Leave granted. None appears for the respondents. Learned counsel for the appellant.

(2.) This appeal is preferred by the plaintiff. His suit for specific performance was decreed by the trial Court and affirmed in appeal by the First Appellate Court. On second appeal, however, the High Court has reversed the judgment and decree of Courts below and dismissed the suit.

(3.) The plaintiffs case was that the first defendant executed an agreement of sale on September 10, 1969, whereunder he agreed to sell the suit property for a consideration of Rs. 9,500/-. A sum of Rs. 5,000/ - was paid by way of earnest money. The balance was to be paid and the sale deed registered on or before October 31, 1969. Plaintiff's case (supra) was that though he called upon the first defendant to execute the sale deed, he did not, he said, he even purchased requisite stamps and was ready with the balance consideration. The first defendant avoided to execute the sale deed whereupon he issued a notice on December 26, 1969 and filed the suit soon thereafter. The first defendant contested the suit. She complained that the plaintiff played fraud upon her. According to her some other land was to be sold and she was paid only Rs. 1,000/-. She denied the execution of the agreement of sale sought to be enforced by the plaintiff. The first defendant Pachia Devi died and in her place Smt. Jamuni Devi was brought on record as the legal representative.