DIGVIJAY SINGH Vs. RAM AVTAR

JUDGEMENT

(1.) Questioning the legality, validity and propriety of the judgment and decree dated 10th October, 2007 passed by the Additional Civil Judge (Senior Division), Ghaziabad in Original Suit No. 1213 of 2004, the present appeal is at the instance of the defendant.

(2.) Three storied house measuring 200.67 square meter situate at R-86 Pratap Vihar, Ghaziabad is the property in dispute. The defendant who is appellant herein (hereinafter referred to as 'the defendant') is the owner and in possession thereof. He, on 24th July, 2002 entered into a registered agreement to sell in favour of two plaintiffs, namely, Ram Avtar and Jogendra Singh, respondents herein (hereinafter referred to as 'the plaintiffs') for a sum of Rs.7,50,000/- out of which a sum of Rs.5,00,000/- was given before Sub Registrar at the time of registration of the agreement in question as advance money. It was agreed upon that the plaintiffs will get the sale-deed executed after paying the balance sale consideration amounting to Rs.2,50,000/- on or before 21st July, 2004.

(3.) The suit giving rise to the present appeal was instituted for specific performance of the aforesaid contract to sell. Also an alternative relief for refund of the advance money together with interest as may deem, fit and proper by the court was claimed.