KASHI RAM Vs. RAMJI LAL

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for specific performance of contract.

(2.) Ramji Lal instituted Suit No.538 of 1986 in the Court of the Civil Judge (now Civil Judge, Senior Division), Agra against Kashi Ram, seeking a decree for specific performance of agreement to sell dtd. 6/7/1984 and a further agreement to sell dtd. 18/6/1985, together with a direction to deliver possession of the property, subject matter of the suit, within time to be stipulated by the Court; and in default, to carry out the decree through the agency of Court. A further decree for the award of pendente lite and future mesne profits at the rate of Rs.10,000.00 per annum was claimed, apart from costs of the suit.

(3.) The plaintiff, Ramji Lal, pleaded a case to the effect that the plaintiff and Kashi Ram, the defendant, entered into a bargain for the sale of agricultural Plot No.306, admeasuring 5 bigha 15 biswa and 15 biswansi owned by the defendant and situate at Village Therai, Pargana Fatehabad, District Agra. The defendant agreed to sell the plot of land aforesaid in the plaintiff's favour for a total sale consideration of Rs.65,000.00. A registered agreement to sell, according to the plaintiff, was executed by the defendant in the former's favour on 6/7/1984. The agreement to sell dtd. 6/7/1984, executed between parties, was presented for registration to the SubRegistrar, Tehsil Fatehabad, District Agra on 6/7/1984. The aforesaid agreement, which shall hereinafter be referred to as 'the first suit agreement', carried all terms between parties, upon which the defendant had covenanted to sell his agricultural land, above described, in favour of the plaintiff. The land, agreed to be sold and above described, shall hereinafter be called 'the suit property'.