MOTILAL DAYALANI Vs. ASHOK KUMAR GUHA

JUDGEMENT

(1.) Both these appeals are being heard and decided together as similar question of facts and law are involved.

(2.) Facts of this case are that two agreements were entered by plaintiff Motilal Dayalani with respondent No. 1 Ashok Kumar Guha on 5/7/2010. One agreement was for purchase of land bearing Khasra No. 621/44 admeasuring 1510 sq.ft., and the shops, slab house and other structures built thereon situated at Mouja Tifra, Ward No. 7, Gurughashidas Nagar Ward, diverted sheet No. 27, Block No. 20, Plot No. 408 by one agreement. Another agreement was executed on the same date for purchase of adjacent diverted plot bearing Khasra No. 622/4 ad-measuring 3500 sqft and the two storied slab-house built thereon situated at Mouja Tifra, Ward No. 7, Gurughashidas Nagar Ward at Ring Road No. 2. According to the plaintiff, though the defendant agreed to sell the same on a particular price after carrying out the demarcation, sale deed was not executed and notices were exchanged between the parties. Eventually the sale deeds having not been executed, suit for specific performance was filed.

(3.) The defendant in his written statement contended that the plaintiff was required to pay the sale consideration by a target date of 31/03/2011 and since the amount having not been paid by the plaintiff the agreement of sale was not honored. Consequently, since the time was essence of contract to pay the amount, the sale deed was not executed.