GULZAR KHAN Vs. VIJAY LAXMI

JUDGEMENT

(1.) Heard Sri Amit Kumar Singh, Advocate, holding brief of Sri P.K.Jain, Advocate, appearing for the appellant.

(2.) This is plaintiff's appeal. He instituted original suit no.316 of 1991 for refund of Rs.50,000/-, pursuant to an agreement for sale, dated 15.11.1979. The suit was decreed by Trial Court vide judgment and decree dated 23.2.1995 but the same has been reversed by lower Appellate Court while allowing defendant-respondent's Civil Appeal No.73 of 1995.

(3.) The case set up by plaintiff-appellant is that in respect to house no.183 (new no.73) an agreement for sale, for a consideration of Rs.1,80,000/-, was executed with plaintiff on 15.11.1979 and part consideration of Rs.50,000/- was paid to the defendant vendor. It was also mentioned in the agreement for sale that plaintiff-appellant had been given possession of one room in the house. Subsequently plaintiff submitted that he gave certain notices to the defendant that possession of room was not handed over and it should be given. These notices are dated 29th January, 1990 and 3rd July, 1990. In the later notice dated 3rd July, 1990, plaintiff-appellant also called upon defendant to take steps for execution of sale deed and present herself before Sub--Registrar, Meerut for registration thereof. Since defendant respondent still failed, a third notice was given on 13.8.1990 revoking agreement, as a result whereof, plaintiff is now entitled for refund of Rs.50,000/-.