MITHLESH RAI Vs. AMARNATH RAI

JUDGEMENT

(1.) RESPONDENT filed a suit against the appellant for specific performance of Agreement to Sell dated 29th December, 2007 and in the alternative money decree for Rs. 4,00,000/ -, that is, double the amount of earnest money of Rs. 2,00,000/ -. Vide judgment and decree impugned in the appeal trial court has passed a decree in the sum of Rs. 2,00,000/ - in favour of the respondent with interest @ 6% p.a. Relief of specific performance has been declined.

(2.) AGREEMENT to Sell Ex. PW1/1 was not disputed, inasmuch as was duly proved on record. A total sale consideration, as per the Agreement, was fixed at Rs. 6,00,000/ -. It was admitted by the appellant that Rs. 2,00,000/ - was paid by the respondent at the time of execution of Agreement Ex. PW1/1. The balance amount of Rs. 4,00,000/ - was payable at the time of execution of sale documents on or before 28th March, 2008. The trial court has returned a categorical finding that respondent was himself not ready and willing to perform his part of obligation as contained in the agreement and failed to tender balance sale consideration of Rs. 4,00,000/ -, inasmuch as was not having arrangement of this amount.

(3.) THE findings returned by the trial court to the above effect, have remained unchallenged as respondent has not filed any appeal or cross -appeal.