JYOTINDRA BHIKHALAL TRIVEDI Vs. ANANTRAI NARANDAS GANATRA

JUDGEMENT

(1.) THIS appeal under Section 100 of the Civil Procedure Code is at the instance of the original plaintiff who filed Regular Civil Suit No.584 of 1980 for specific performance of the contract on the basis of the agreement to sell dated 06.04.1980 alleged to have been executed by the defendant in favour of the plaintiff.

(2.) IT is the case of the plaintiff that the defendant executed the above said agreement for sale of the suit property and at the time of execution of agreement to sell, the plaintiff had accepted Rs.1000/- from the defendant and the defendant was to get title cleared of the suit property within a period of five months. It is further averred that the plaintiff was and is always ready and willing to abide by the terms of the agreement and even requested the defendant to act as per the agreement and to execute the sale deed, but because of the rise in the value of the property, the defendant refused to execute sale deed. It is further averred by the plaintiff that defendant was under obligation to get permission from the competent authority under Section 26 of the Urban Land Ceiling Act and though the plaintiff was ready to cooperate in getting such permission, the defendant did not take any steps to get such permission. The plaintiff has, thus, become entitled to get specific performance of the contract on the basis of the agreement executed by the defendant.

(3.) ON the basis of the pleadings, the learned Trial Judge framed issues at Ex.17as under.