CHANDRA PAL SINGH Vs. PARHLAD SINGH

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment and decree dated 30.5.2002 passed by Additional District Judge, Court No. 13, Meerut, in Civil Appeal No. 360 of 1998 allowing the appeal, reversing the judgment and decree, i.e., dismissal of the suit recorded by the trial court dated 7.8.1998 in Original Suit No. 5 of 1990 and decreeing the suit of the respondents for specific performance.

(2.) Prahlad Slngh-respondent No. 1 and Nlranjan Slngh, predecessor-in-interest of respondent Nos. 2 to 5 (hereinafter called the plaintiffs) filed suit against Rati Ram, father of appellant Nos. 1 to 3 and grandfather of appellant No. 4 (hereafter called the defendant) for specific performance of contract dated 19.9.1986 with the allegations that the defendant agreed to sell his plot Nos. 803 and 804 in their favour for a consideration of Rs. 1,28,400 and in lieu of it, executed a registered agreement deed dated 19.9.1986 after receiving a sum of Rs. 11,000, before the Sub-Registrar, as earnest money and promised to execute the sale-deed after receiving remaining sale consideration. The plaintiffs were always ready and willing to perform their part of contract and also sent notice on 26.8.1987 to the defendant to that effect, but he refused to receive the notice. Again notice was sent on 30.6.1987 and oral requests were also made, to execute sale-deed on 22.12.1989, but ultimately he refused ; hence the suit.

(3.) The defendants admitting the execution of agreement deed by their predecessor-in-interest Rati Ram, contested the suit on the ground that plaintiffs were not ready and willing to perform their part of contract despite notice.