SHAHID Vs. VEERPAL SINGH

JUDGEMENT

(1.) Heard Shri Varchasva Bajpai, learned Counsel for appellants and Shri B.B. Johri, holding brief of Shri Bharat Pratap Singh learned Counsel for respondent. For the sake of convenience, parties shall described as they were referred before the Trial Court i.e., plaintiffs/defendants, unless specified otherwise.

(2.) This is defendants second appeal challenging the judgments and decree of Courts below whereby suit for specific performance of contract has been decreed.

(3.) Veerpal Singh, instituted a suit for specific performance of registered agreement to sell dated 30.9.1999 on the allegations that defendant had agreed to sell 1/3rd share of plot No. 76 (total area 1.314 hectare) for a total sale consideration of ' 1,76,000/- out of which ' 1 lac was paid at the time of execution of the agreement and further ' 30,000/- was paid on 2.10.2000 for which a receipt was also executed. The balance sale consideration of ' 46,000/- was to be paid at the time of the execution of the sale-deed which was agreed to be executed within two years. It was alleged that even though plaintiff was always ready and willing to perform his part of contract, but defendants were dilly dallying and avoiding the execution of the sale-deed so much so that plaintiff sent a registered notice dated 23.8.2001 calling upon the defendants to ensure their presence before the Sub-Registrar concerned on 14.9.2001. As on 14.9.2001 staff of the office of Sub-Registrar was on strike, a notice was sent on 17.9.2001 for 24.9.2001. It was alleged that even though plaintiff was present through out the day, defendant did not turn up. Further a fresh notice and a telegram was also sent on 4.12.2001 for 12.12.2001 but again the defendants did not turn up, hence the suit.