SHRI DEVI DAYAL MEHTA Vs. MADHU BALA JAIN

JUDGEMENT

(1.) BY the present appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) the appellant seeks to challenge the judgment and decree dated 1.2.1989 passed by the trial Court decreeing the suit of the respondents/plaintiffs for specific performance against the appellant/defendant in respect to the property No.XIII/3578-80 Gali Sangtrashan, Bara Hindu Rao Delhi.

(2.) THE facts of the case are that the appellant as the seller and the respondents as the buyer entered into an Agreement to Sell in respect of the subject property on 11.11.1981. THE total sale consideration was of Rs.45,000/- and of which a sum of Rs.20,000/- was already received by the appellant prior to the Agreement to Sell. THE balance sale consideration of Rs.25,000/- was to be paid to the appellant at the time of registration of the sale deed. On account of the appellant failing to execute the sale deed, the respondents filed the suit for specific performance and which has been decreed by the impugned judgment and decree.

(3.) PARA Nos. 3 to 5 of this judgment are relevant and the same read as under:-