GHANSIRAM LAHRE Vs. MADHAV DAS TANDAN

JUDGEMENT

(1.) This is defendant's first appeal under Section 96 of Code of Civil Procedure against the judgment and decree dated 26-7-2007 passed in Civil Suit No. 18-A/2006. Facts of the case in brief are as under:--

(2.) Shri B.P. Sharma, learned counsel for the appellant would argue, learned trial Court has grossly erred in dismissing plaintiff's suit so far as relief of specific performance of contract inter alia on the following ground:

(3.) On the other hand, Shri A.N. Bhakta, learned counsel appearing for the defendant No. 1 would support the judgment and decree and would submit, plaintiff did not enter into witness box; utterly failed to aver and prove his readiness and willingness to perform his part of contract in terms of Section 16(c) of the Specific Reliefs Act, 1963 (for short, the Act); is insisting for execution of sale deed with regard to specific khasra number mentioned in the plaint map in violation of terms of the agreement, failed to pay balance consideration amount within the time stipulated; insisted only for execution of registered sale deed without paying balance consideration in terms of contract, also insisted for demarcation of the land in violation of the agreement and learned trial Court has rightly rejected plaintiff's prayer for specific performance of contract.