RIFAQAT Vs. SATYA NARAIN

JUDGEMENT

(1.) Heard Sri Mukhtar Alam, learned counsel for the appellants and Sri K.K. Arora, learned counsel for contesting respondents at the admission stage.

(2.) This is defendants' second appeal arising out O.S. No.242 of 1990 instituted by Satya Narain and Jitendra Kumar. Both the plaintiffs have died and are survived by respondents in this second appeal. The suit was filed for specific performance of a registered agreement for sale dated 08.04.1987 in respect of agricultural land comprised in Plot No.801, area 1 bigha 6 biswas 19 biswansis and Plot No.797, area 9 biswas 15 biswansis. The agreed sale consideration was Rs.220,200/- and Rs.10000/- were paid as earnest money. Rs.50,000/- were stated to have been paid subsequently against receipt on 09.06.1987. It was further pleaded that plaintiffs came to know that on the spot the area of the land was less, hence plaintiff sent registered notice on 04.08.1987 to the defendant for measurement and demarcation of the land. The sale deed was to be executed by 15.09.1987. Accordingly, on the said date plaintiffs remained present with balance sale consideration of Rs.1,60,200/-. Afterwards on 09.11.1989, defendant No.1 Rifaqat who had executed the agreement executed sale deed of the property in dispute in favour of defendant No.2, Ved Prakash for Rs.1,90,000/-. It was further pleaded through amendment in the plaint that in spite of temporary injunction granted in the suit defendants No.1 & 2 on 06.06.1991 through two sale deeds sold the property in dispute to defendants No.3 & 4. It was further pleaded that at the time of filing of the suit the valuation was Rs.25 lacs.

(3.) Additional Civil Judge, Senior Division, Court No.4, Ghaziabad through judgment and decree dated 24.11.2009 dismissed the suit. The trial court held that plaintiffs could not prove readiness and willingness to get the sale deed executed. Trial court further held that the notice which was sent for execution of the sale deed was not received by the defendants. Against the said judgment and decree passed by the trial court, plaintiffs field Civil Appeal No.1 of 2010. A.D.J. Court No.12, Ghaziabad allowed the appeal through judgment and decree dated 04.10.2011 set aside the decree passed by the trial court and decreed the suit for specific performance, hence this second appeal.