RAMKUMAR Vs. VIRENDER SINGH

JUDGEMENT

(1.) These appeals, preferred under Section 100 of the Code of Civil Procedure. 1908. are directed against the judgment and decree dated 21-1-2004 passed in Civil Appeal No. 167 of 2001 by the then learned Additional District Judge/Fast Track Court II, Dehradun, whereby the said appeal is allowed and Original Suit No. 747 of 1995 is decreed for specific performance of contract under agreement of sale.

(2.) I heard learned counsel for the parties and perused the record.

(3.) Brief facts of the case are that plaintiff instituted the suit No. 747 of 1995 with the pleadings that defendant Ram Kumar executed an agreement dated 5-6-1995 to sell his land to the plaintiff Virender Singh for Rs. 42,000/-, and got the same registered. Out of the sale consideration of Rs. 42,000/-, it is alleged in the plaint that Rs. 10,500/- was received by defendant Ram Kumar at the time of instituting the agreement, and Rs. 20,500/- was paid prior to the execution of the agreement. The rest of the amount i.e. Rs. 11,000/- was to be paid at the time of execution of sale deed. It was pleaded that the sale deed was to be executed by 15-8-1995. When the defendant Ram Kumar failed to execute sale deed in favour of the plaintiff Virender Singh, the latter sent notice dated 10-7-1995 asking the defendant Ram Kumar to be present in the office of the Sub Registrar on 10-7-1995, at 10.30 A.M. to execute the sale deed, as agreed between them. On the said date defendant did not oblige the plaintiff. Instead, he sold the property to defendant Ganga Prasad @ Jai Prasad. Defendant No. 2 Sumer Chand was impleaded in the suit as per direction of the trial Court.