KHALIL AHMAD Vs. NAUROZY

JUDGEMENT

(1.) This is the plaintiffs second appeal against the judgment and decree dated 28.3.88 passed by the trial court dismissing Suit No. 731 of 1986 and against the judgment and decree of the lower appellate court dismissing first appeal on 9.2.2000.

(2.) Defendant Baitul Hasan died during the pendency of the first appeal and his heirs and legal representatives, the present respondents were substituted.

(3.) The plaintiff filed suit for specific performance of the contract with the allegations that defendant Baltul Hasan was bhumidhar plot Nos. 175 and 275-Kha described In the plaint and had executed an agreement to sell on 13.6.84 in favour of the plaintiff for sale of the land of the said plots. He had received a sum of Rs. 16,000 at the time of entering into the contract and Rs. 2.000 at the time of registration of the agreement to sell. According to the terms of the contract, the balance of Rs. 2.000 were to be paid within a period of two years from the date of the registration of the agreement and the sale deed was to be executed within the said period. The defendant avoided execution of the sale deed on one or the other ground even though the plaintiff was ready to perform part of his agreement.