OM PRAKASH BAJAJ Vs. MAHANT PRAVEEN PRAKASH

JUDGEMENT

(1.) HAVING appreciated the facts and the findings of the judgments passed by the Courts below, the only substantial question of law, which remains to be decided, is as follows: - -

(2.) HAVING heard the learned counsel of either party on the afore -noted substantial question of law, the facts, emerging out from both the judgments passed by the Courts below, are that Om Prakash Bajaj was the tenant in a shop whose landlord was defendant Mahant Praveen Prakash. The construction of the shop was old. The defendant desired for dismantling the shop inter alia with other constructions and to construct a new market thereon. The registered agreement to sale dated 16.6.2005 was entered into between the parties which adverted that Rs. 1.00 lakh was given by Mr. Bajaj to Mr. Mahant as an advance of total consideration of Rs. 3.50 lakh, wherefore Mr. Bajaj was to be allotted a new shop after such construction within a year i.e. up till 15.6.2006. So, Mr. Bajaj vacated the shop in question with the hope and aspiration of getting a new one. Mr. Mahant, after demolition of said shop along with other adjacent constructions, did not erect the new shops, much less allocation of shop to Mr. Bajaj as per the agreement. So, Mr. Bajaj kept on emphasizing for the specific performance of contract but all went in vain. So, he was constrained to launch the Suit No. 83 of 2006 on 24.8.2006 seeking specific performance. Learned Trial Judge, vide judgment dated 10.12.2008, decreed the suit directing Mahant Praveen Prakash to allot and make registry of a new shop after construction within six months of the judgment and it was also directed that the said shop should have a shutter and the electricity fittings in the name of plaintiff.

(3.) IN appeal No. 05 of 2009, learned Additional District Judge, though accepted the nature of deed dated 16.6.2005 as an agreement to sale, but at the same time, allowed the appeal expressing the view that the plaintiff did not ever remain ready with rest of consideration to make payments for execution of sale deed.