VIJAI NARAIN VERMA Vs. SURENDRA KUMAR VAISH

JUDGEMENT

(1.) This is defendant's appeal against the judgment and order dated 24th of October, 1983 passed by the Additional District Judge, Badaun in Civil Appeal Nos. 149 of 1980 and 24/81, which arose out of the suit no. 188 of 1978 decree dated 21st of September, 1980.

(2.) Surendra Kumar Vaishya, respondent herein instituted original suit no. 188 of 1978 against Vijay Narain Verma, the appellant, for specific performance of contract to sell dated 23rd of April, 1973 in respect of 1/4th share of residential house described in the plaint, on the allegations that the defendant appellant agreed to sell the aforestated 1/4th share for a total sum of Rs. 3,500/-, out of which a sum of Rs. 500/- was given as earnest money. It was agreed that sale deed would be executed within a period of two and half years after lifting of the ban for registration of sale documents, by the Government. The Government lifted the ban on 4th of April, 1976 but the defendant failed to execute the sale deed, as per terms of the aforestated registered agreement dated 23rd of April, 1973 in spite of registered notice dated 9th of August, 1978 which was served on him on 10th of August, 1978. The plaintiff was always ready and willing to perform his part of the contract. In alternative relief for refund of earnest money along with damages to the extent of Rs. 1,000/- total Rs. 1,500/- was prayed for.

(3.) As usual, the defendant contested the suit by denying the plaint allegations as also the sale agreement dated 23.4.1973. 1He also denied the receipt of any amount as earnest money. In addition, it was pleaded that the house belongs to his father and he has 1/5th share therein.