MUNNI DEVI Vs. SHANTI DEVI AND ANOTHER

JUDGEMENT

(1.) I have heard learned counsel for the appellant and Sri B.K. Tripathi for the plaintiff-respondent.

(2.) This is a defendant's appeal against the judgment and decree dated 27.01.2012 passed by the IIIrd Additional District Judge, Court No.2, Bijnor in Civil Appeal No.60 of 2010 arising out Original Suit No.96 of 2004, filed by the plaintiff-respondent for specific performance of agreement for sale dated 19.05.2003.

(3.) The plaint case was that on 19.05.2003, a registered agreement for sale was executed by one Smt. Munni Devi (defendant-appellant herein) in favour of Smt. Shanti Devi (plaintiff-respondent No.1 herein) and Chandra Pal (defendant-respondent No.2 herein). As per the agreement, 759/1171 part of the land bearing Khasra No. 271 having an area of 1.171 hectare was agreed to be sold to the plaintiff-respondent No.1 (Shanti Devi) whereas the balance was agreed to be sold to Chandra Pal (defendant-respondent No.2). The sale consideration was fixed at Rs. 3,50,000.00. Out of the aforesaid amount, the plaintiff (Shanti Devi) was required to pay Rs. 2,27,000.00 for her part, whereas the defendant-respondent No.2 (Chandra Pal) was to pay the balance. The plaintiff, before the execution of the agreement for sale, had paid Rs. 2,00,000.00 by way of earnest money whereas the defendant No.2 (Chandra Pal) had paid Rs. 5,000.00 on his part. The balance of the sale consideration was to be paid on the execution of the sale deed. It was claimed by the plaintiff that she has been through out ready and willing to perform her part under the agreement but the defendant No.1 (appellant herein) had been avoiding to execute the sale deed, hence, the suit was filed for specific performance.