MAJ PURAN SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-defendant under Section 100 of the Code of Civil Procedure against the order dated 01.12.2007 passed by the learned Additional District Judge in RCA No. 65/04/03 whereby the appeal filed by the appellant-defendant against the judgment and decree dated 25.01.2003 passed by the learned Civil Judge decreeing the suit for specific performance filed by the respondent-plaintiff was affirmed and the appellant-defendant has been directed to execute a sale deed in favour of the respondent- plaintiff in respect of property no. 39, Nirankari Colony, Delhi which he had agreed to sell to the respondent-plaintiff vide agreement to sell dated 28th February, 1985.

(2.) THE trial Court as well as the first appellate Court have held that the respondent-plaintiff had done his part of the agreement by signing necessary documents for getting permission from the appropriate authority for sale of the suit property and that even though permission had been granted in October, 1985, as deposed to by PW-2, the appellant-defendant had failed to execute the sale deed in favour of the respondent-plaintiff who was always willing and ready to perform his remaining part of the contract also viz. payment of the unpaid sale consideration to the appellant-defendant.

(3.) THIS appeal is, therefore, admitted for hearing on the aforesaid substantial question of law and it shall be listed for hearing in due course in the category of 'Regulars'.