INDRAPAL Vs. SHAM SHANKAR LAL

JUDGEMENT

(1.) Heard Sri Faujdar Rai for defendant-appellant and Sri H.P. Tripathi for plaintiff-respondent.

(2.) This second appeal is by defendant against whom respondent filed suit for specific performance of an agreement of sale of plot No. 74 situated in village Dhamapur Abdalpur pergana and Tehsil Soraon, district Allahabad. According to the plaintiff's case the said agreement was executed by appellant and he had received a sum of Rs. 4.800= 00 as earnest money and balance of Rs. 4,000=00 was paid before Sub-registrar at the time of registration of agreement. He was always willing to perform his part of contract but the defendant was not coming forward to execute the sale deed, hence plaintiff sent registered notice dated 26-2-85 whereupon defendant refused to execute the sale deed. Left with no alternative, plaintiff-respondent filed the present suit.

(3.) In his written statement defendant-appellant denied the execution of the agreement and further took a plea that since the property in question stood mortgaged with U.P. Sahkari Land Development Bank, the property in question could not be transferred in favourt of the plaintiff on account of bar created under Section 22 of the Co-operative Land and Development Banks Act, 1964.