SHRI THAKUR DASS VERMA Vs. HARISH CHAND

JUDGEMENT

(1.) The present first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and decree dated 12.1.1998 whereby the suit of the Respondent/Plaintiff for specific performance was decreed. The agreement to sell in question is dated 6.10.1986 with respect to the property No. 874 (Old No. 355/56) Prem Gali No. 3-C, Gandhi Nagar, Delhi-31. The total consideration under the agreement to sell was Rs. 90,000/- of which Rs. 10,000/- was paid on the date of the agreement to sell. The balance amount of Rs. 80,000/- was to be payable in one month by 6.11.1986 when the sale deed was to be executed and registered.

(2.) It is not in dispute that there was an agreement to sell and nor is the consideration amount in dispute. It is also not disputed that the agreement to sell was to be performed within one month by the Respondent/Plaintiff getting executed the sale deed in its favour. Though various defences were raised by the Appellant/Defendant the main defence was the lack of readiness and willingness of the Respondent/Plaintiff.

(3.) The trial court framed the following issues for consideration.