C L JAIN Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) ON the strength of an agreement to sell dated February 17, 1995, Ex.P-1, appellant sought a decree for specific performance alleging that under the agreement to sell the respondent had agreed to sell his one-fourth share in the agricultural land detailed in para 1 of the plaint for a total consideration of Rs. 35,64,583/- and had received Rs. 8,80,000/- on various dates with respect to the agreement to sell as detailed in paragraph 4 of the plaint. Alleging appellant being ready and willing to pay the balance sum of Rs. 26,84,583/- and asserting the respondent to be in default, decree for specific performance was prayed for.

(2.) IN the written statement filed, the respondent denied any valid agreement between the parties as also having received any payment on the dates stated in the plaint.

(3.) COUNSEL for the respondent started appearing thereafter, but never challenged the said order. Before trial commenced, counsel for the respondent disappeared once again and noting repeated defaults, vide order dated December 09, 2005, the respondent was proceeded against ex-parte and this resulted in the appellant's examination-in- chief filed under cover of an affidavit remaining unchallenged since none appeared for the respondent.