GOBIND RAM Vs. GIAN CHAND

JUDGEMENT

(1.) This appeal is directed against the Judgmentand Decree dated 6/10/1976 passed by the Sub-Judge, Delhi, decreeingthe Suit of the plaintiff for specific performance of the contract.

(2.) The brief facts which are necessary to dispose of the present appealare set out as under:

(3.) The plaintiff filed a suit for specific performance of the contract onthe ground that the defendant failed to execute the sale deed within the stipulated time. It was further averred that the defendant also failed to give the vacantpossession of the quarter in question even though the plaintiff has always beenready and willing to pay the balance amount of Rs. 14,000.00 to the defendant.The plaintiff prayed that the agreement dated 24.1.1973 be enforced by meansof specific performance. It appeared to the plaintiff that the defendant wasbacking out of the coract. Therefore, he had sent telegraphic notice on26.3.1973. The telegraphic notice sent by the plaintiff is reproduced in toto asunder: