SHANKAR SINGHAL Vs. BALBIR SINGH

JUDGEMENT

(1.) Holding in favour of the appellant with respect to the agreement to sell dated September 29, 2006, Ex. P-1, in the suit seeking decree for specific performance of the same, the learned Single Judge has held in para 13 of the impugned judgment dated April 16, 2010 as under:

(2.) The learned Single Judge, as per the impugned decision, has recognized the fact that it was agreed between the parties that the sale would be completed by December 20, 2006, on which date the appellant went to the office of the Sub-Registrar evidence by Ex. P-4 but the respondent did not turn up to execute the sale-deed.

(3.) Noting the defence taken by the respondent that the appellant was in default inasmuch as it was the case of the respondent that the appellant would obtain a No Objection Certificate from the Competent Authorities, the learned Single Judge has opined in para 8 of the impugned decision that the said stand of the respondent was not controverted by the plaintiff in his evidence, but we find the effect of said finding not being crystallized with respect to the resultant effect thereof.