SAHNULAL Vs. JAICHAND

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff is as under:-

(2.) The suit property bearing Khasra No.111/3 area 0.238 hectare situated at village Parsahi, Tahsil and District Bilaspur was originally held by original defendant No.1-Juglal, who died during pendency of the suit. It is the case of the plaintiff that original defendant No.1 on 28.4.1996 agreed to sell his suit land at the rate of Rs. 50,000/- per acre and also obtained Rs. 6,000/- and executed agreement to sell in favour of the plaintiff vide Ex.P-1, but thereafter defendant No.1 failed to perform his part of contract leading issuance of notice dated 13.11.2001, to which defendant No.1 refused to execute and served reply in December, 2001 and again fresh notice was issued on 23.7.2002 as original Advocate Mr.Dande has died. It has also been pleaded that the plaintiff is ready and willing to perform his part of contract and decree for specific performance of contract be granted in favour of the plaintiff.

(3.) Resisting the suit, original defendant No.1 filed his written statement and denied the averments made in the plaint stating that agreement to sell is fabricated document and the suit be dismissed with cost(s).