RAMESH CHAND (SINCE DECEASED); DHIRAJ KUMAR AND GULLA BOTH SON OF LATE SRI RAMESH CHAND THROUGH NATURAL GUARDIAN SMT KAMLESH DEVI Vs. SURESH CHAND S/O SRI BEGRAM

JUDGEMENT

(1.) This second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 02.09.1983, passed by learned Civil Judge, Roorkee, in Civil Appeal No. 42 of 1982, whereby the judgment and decree dated 05.03.1982, passed by the trial court (Munsif, Roorkee) in Suit No. 39 of 1978, for specific performance of contract, is maintained with modification.

(2.) Heard learned Counsel for the parties and perused of record.

(3.) Brief facts of the case, giving rise to this appeal are that the plaintiff / respondent Suresh Chand instituted Suit No. 39 of 1978, for specific performance of contract, alleging that the defendant / appellant Ramesh Chand agreed to sell the property in suit (plot No. 146, measuring 3 Bigha 5 Biswa and 15 Biswansi) situated in Village Behede Ki Saidabad, after accepting Rs. 2,300/- as an advance out of the agreed consideration. It is pleaded that a registered agreement of sale was executed by the defendant on 22.03.1977, in favour of the plaintiff, after receiving a further sum of Rs. 3,500/-. The total amount of consideration was Rs. 10,000/-, as such as per the contract, the defendant was required to execute sale deed by 21.03.1979, after accepting the remaining amount of Rs. 4,200/-. It is alleged in the plaint that the defendant failed to execute the sale deed even after being asked through notice to honour the agreement. It is also pleaded that the plaintiff is always ready and willing to perform his part of contract.