KALIDIN Vs. MATA PRASAD

JUDGEMENT

(1.) This is the second civil appeal against the Judgment and decree dated 25.3.1992 passed by the then District Judge, Pratapgarh in First Appeal No. 186 of 1989 allowing the appeal and setting aside the judgment and decree passed by the then learned Civil Judge, Pratapgarh in Original Suit No. 19 of 1987.

(2.) I have heard the arguments and have gone through the record.

(3.) Admittedly, the defendant is recorded tenure holder of chak plot No. 97 area 2-10-4 of village Purey Nanau P/o Agai, Pargana Rampur, Tehsil Kunda, district Pratapgarh. The plaintiff claimed that the defendant had agreed to sell the said land to them, on a price of Rs. 30,000 ; that he having received a sum of Rs. 20.000 had executed the agreement to sell dated 8th October, 1985 ; that they were throughout ready and willing to perform their part of obligations and that the defendant refused to execute the sale-deed on 26th November, 1985. Consequently, they instituted their suit initially in the Court of Munsif, Kunda on 30th November, 1985 and ultimately the suit was transferred to the Court of Civil Judge on 27th March, 1987, for specific performance of the contract of sale, on the point of jurisdiction. The defendant admitted the agreement of sale. However, he denied the execution of the agreement to sell and agreement of price up to Rs. 30,000 only. He further contended that there was an agreement for the consideration of Rs. 50,000 ; that only a sum of Rs. 10,000 was passed to him before the Sub-Registrar and that the plaintiffs were never ready and willing so far from their contractual obligations.