ZAHID HUSSAIN Vs. MURALI

JUDGEMENT

(1.) The present Regular First Appeal has been filed under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), against the judgment and decree dtd. 17/1/2015 passed in O.S.No.4/2013 by the appellants/plaintiffs. The suit was filed for specific performance of the contract of agreement to sale dtd. 24/3/2007.

(2.) The total sale consideration agreed for sale of the suit scheduled property by the defendants in favour of the plaintiffs was Rs.25,08,000.00. Four months' time was fixed for performance of the contract of execution of sale deed in favour of the plaintiffs by the defendants i.e., on or before 23/7/2007. According to the plaintiffs they had paid altogether Rs.15,00,000.00 in cash i.e., Rs.6,00,000.00 in cash at the time of entering into the agreement for sale dtd. 24/3/2007 and a sum of Rs.8,00,000.00 by way of cash on 2/2/2008 and thereafter a sum of Rs.50,000.00 by cash on 26/3/2008 and further Rs.50,000.00 by way of cash on 6/8/2008. Only Rs.75,000.00 was paid through cheque.

(3.) The plaintiffs issued notice dtd. 9/8/2012 to the defendants, calling upon them to execute the sale deed of the aforesaid property after converting the same for non-agricultural purpose. The said notice was denied by the defendants. Thereafter, the plaintiffs instituted the suit on 9/1/2013, seeking specific performance of the agreement of sale dtd. 24/3/2007, seeking a decree to that effect from the Court.