DHARAM VEER SINGH Vs. SATISH CHAND GARG

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 10-11-1995, passed by Sri V.P. Singh, Additional District Judge, Roorkee, in Civil Appeal No. 23 of 1991, Satish Chandra Garg (deceased) through (sic) Smt. Sheela Rani and others vs. Dharam Veer Singh, whereby the appeal was allowed and the suit of the plaintiff was dismissed. This appeal was admitted on 23-2-1996 by the Allahabad High Court on the following substantial questions of law (C), (E) and (F) framed in the memo of appeal:-

(2.) Briefly stated the facts, giving rise to this appeal, according to the plaintiff/appellant, are that the plaintiff/appellant Dharam Veer Singh executed an agreement to sell the land in question on 29-11-1980 in favour of defendant/respondent Satish Chandra Garg with a consideration of Rs. 59,000/-, out of which Rs. 10,000/- were paid to the plaintiff as an advance money by the defendant. The defendant did not execute the sale deed in favour of plaintiff and on 30-10-1982, the plaintiff sent notice to defendant to remain present before the Sub-Registrar, Roorkee on 27-11-1982 to execute and register the sale deed in favour of plaintiff but he did not turn up. The last date of execution of sale deed as per the agreement dated 29-11-1980 was 28-11-1982 but 28.11.1982 was Sunday, and on that day also the defendant did not turn up. Again on 29-11-1982 the plaintiff remained present before the Sub Registrar Roorkee along with the amount of remaining consideration and recorded his attendance before the Sub Registrar, on 29-11-1982 but the defendant did not turn up. Hence on 7-1-1983, Suit No. 7 of 1983 was filed by the plaintiff for specific performance of the contract.

(3.) The defendant has filed his written statement on 12-8-1983 and denied the fact that the agreement was written to execute the sale-deed, and stand has been taken that the agreement was executed between the parties as security of loan advanced by the plaintiff to the defendant to the tune of Rs. 10,000/- and specific plea was taken that the plaintiff was never ready and willing to perform his part of contract nor he had money with him to pay the same to the defendant.