TEK CHAND Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This appeal, preferred under section 96 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 16.09.2003, passed by Additional District Judge/ III Fast Track Court, Haridwar, in Original Suit No. 43 of 1999, whereby said court has decreed the suit for specific performance of contract against the defendant.

(2.) Heard learned counsel for the parties, and perused the lower courtrecord.

(3.) Brief facts, of the case, are that plaintiff Jagdish Prasad instituted Suit No. 43 of 1999 against the defendant Tekchand with the pleading that on 08.09.1995, agreement of sale was executed by defendant in favour of the plaintiff for sale of his house situated in Ganeshpur, Roorkee, for an amount of Rs. 2,00,000/-. It is further pleaded that an amount of Rs. 1,50,000/- was paid by the defendant as part of consideration, and the deed was registered in the office of the Sub-Registrar. It is also pleaded that in terms of the agreement by 08.03.1996, defendant had to execute the sale deed after accepting remaining Rs. 50,000/-. It is also alleged by the plaintiff that even after giving notice by him, defendant did not turn up before the Sub-Registrar for accepting Rs. 50,000/-, and executing the sale deed, and as such the suit for specific performance of contract was instituted. It is also pleaded by the plaintiff that he was always ready and willing to perform his part of contract.